PHC for not blocking livestock export
PESHAWAR, March 31, 2011: The Peshawar High Court (PHC) on Wednesday restrained the Khyber Pakhtunkhwa police from interfering in the legal export of livestock or other things from Pakistan to Afghanistan through the Torkham Border.
A division bench comprising Chief Justice Ejaz Afzal Khan and Justice Mazhar Alam Miankhel also directed the station house officer (SHO) of the Chamkani Police Station to immediately release the five truckloads of cattle, including buffaloes and bulls, of an exporter.
Arshad Ali had filed a writ petition, seeking release of his five trucks carrying 110 animals to Afghanistan, impounded by the SHO on March 16. The chief justice observed that the provincial government, Livestock Department and the police had no right to impound vehicles carrying livestock through legal export.
The chief justice also asked exporters to file a contempt petition against the government officials concerned in the high court if they again impounded their vehicles carrying animals or other things to Afghanistan through a legal way.
When the bench started hearing into the case, the petitionerís lawyer Waseemuddin Khattak contended that the police impounded the vehicles of the exporter despite the fact that he had got Form-E from Foreign Exchange for exports.
He said the Form-E is a declaration between the State Bank of Pakistan, exporters and the importers, under which the foreign company paid money through foreign exchange in US dollars in advance. He said the money was then converted into Pakistani rupees in the State Bank and the federal government taxes were also deducted from it. After all these legal formalities, the Form-E is then issued to exporters to exports goods to the foreign country.
Besides, he submitted that the petitioner had also produced vaccination and other certificates verified from the departments concerned to the police. The petitionerís lawyer contended that the same bench two months ago had directed the provincial government to restrain police from impounding the vehicles of exporters who were exporting various commodities legally.
The bench, after hearing the case, issued directives to the provincial government to restrain the officials concerned and the police from such illegal act. The bench also directed the police to release the impounded vehicles carrying the cattle.
Courtesy The News