2008 PLP 782 (SCMR)

IFTIKHAR MUHAMMAD CHAUDHRY, J.

Listed petitions have been filed for review of the judgment, dated 11th December, 2001 whereby Civil Petitions filed by petitioner have been dismissed. At the very outset we have drawn the attention of the learned Deputy Attorney-General towards the following para. of the judgment under review:-- "(7) While dismissing the petitions, which are without any substance, we would direct the Collector Customs Appraisement-III, Customs House, Karachi to submit a report to the Registrar of this Court apprising the action taken against the officials at fault. A copy of this order may be sent to the Chairman, Central Board of Revenue, Islamabad for taking necessary corrective and remedial action." He was required to explain as to why action against the officials responsible for causing huge loss to National Exchequer has so far not been taken? He stated that the command of the Customs Department has recently been changed and he has taken over the charge of this case, therefore, he assures this Court that action definitely will be taken against the delinquent officers in view of above observations. Thus, once again Customs Department is called upon to proceed against its those officers who are responsible for causing loss to the Government Exchequer failing which incumbent petitioner shall be proceeded against under the law. He is also directed to submit compliance report within two weeks to the Registrar for our perusal in Chambers.

3. On merits it was pointed out to learned Deputy Attorney-General that the petitions are hopelessly barred by time and applications seeking condonation of delay are not entertainable as no plausible ground is mentioned therein to show indulgence in this behalf. It may be noted that previously civil petitions for leave to appeal as well were dismissed being barred by time. Now again instant review petitions suffer from same discrepancy. However, learned counsel stated that although efforts were made to approach this Court within time but on account of departmental hurdles review petitions could not be filed within time. He further stated that Customs Department is also contemplating to re-open the cases in accordance with law to recover huge losses from the respondents. In view of above statement of learned Deputy Attorney-General, petitions, are dismissed being barred by time. However, the Customs Department will be free to proceed against the respondents in accordance with law, if re-opening of the cases is permissible. H.B.T./A-136/L?????????????????????????????????????????????????????????????????????????????????? Petitions dismissed.