SHC issues notice to govt for restriction on import of used vehicles

KARACHI: Sindh High Court has issued notices to attorney general of Pakistan, ministry of commerce, custom authorities and others on a petition against restriction to import used vehicles under import policy order 2016.

The notices were issued on the petition of citizen who challenged the import policy order 2016 pleading that citizens are facing difficulties to import used vehicles. The petitioner's counsel Syed Shayan Ahmed submitted that import and export was regulated through Import and Export (Control) Act wherein in terms of section 3 (1) giving unfettered powers to the federal government to prohibit and control the import and export of goods. He submitted the provisions are ultra vires the Constitution and violative of dichotomy of powers between the executive and the Parliament.

The counsel submitted that condition no V of serial 10 appendix –C to import policy order 2016, the import of used vehicles is banned for a citizen and who could import them only under personal baggage scheme, transfer of residence scheme and gifts by overseas Pakistanis, which is also violative of the fundamental right of the citizens to import vehicles of their choice. He submitted that such restrictions were incorporated by Ministry of Industries and Production, instead of the Ministry of Commerce to give undue advantage to the selected local manufacturing automobile industry in violation of section 3 of competitive Act 2010.

The counsel submitted that discrimination is so obvious that the local manufacturers exercising monopoly on the production of vehicles deliberately do not manufacture the required number of vehicles to meet the demand of over 300,000 cars annually and instead produce about 184,000 vehicles a year despite the capacity to create an artificial deficit which results in their purchase by an additional amount of premium for an early delivery of the vehicle.

Besides, the import of used vehicle is not being properly regulated deliberately to the disadvantage of the public at large. Against the backdrop of the arguments, the court issued notices to attorney general of Pakistan, ministry of commerce, custom authorities and others and called their comments on June 17.