ISLAMABAD - The Ambassador of Palestine to Pakistan Ahmed Jawad AA Rabei on Wednesday challenged a show-cause notice issued by the Federal Revenue Board (FBR) regarding import of a duty-exempted luxury vehicle and later its sale to a local businessman in the Islamabad High Court (IHC).
A single IHC bench comprising Chief Justice of IHC Justice Athar Minallah will conduct hearing of the petition filed by the Palestinian Envoy though his counsel Sikandar Naeem Qazi Advocate.
In his petition, the ambassador prayed to the court to declare the petitioner and his property immune from the penal jurisdiction of the customs department in light of the Vienna Convention on Diplomatic Relations 1961 read with The Diplomatic and Consular Privileges Act 1972.
He also requested the court to declare illegal actions of the customs department which were undertaken without consultation of the Secretary Foreign Office. He prayed to the court to “set aside the impugned notice as it suffers from want of jurisdiction to the extent of the petitioner and his property.”
The petitioner contended that seizure of the petitioner’s vehicle without notice and without informing the FO Secretary is illegal.
He cited the FBR, several customs officials, the seizing officer and the Ministry of Foreign Affairs as respondents in the petition.
It was August 4 when the FBR issued a show-cause notice to the ambassador for allegedly importing a duty-exempted luxury vehicle and then selling it to a local businessman. The show-cause notice, issued by the FBR, told the recipients including businessman Basil Ahmed Affendi that the vehicle might be permanently confiscated and they might also face penalties of up to 10 times of the value of vehicle while this breach also carries punishment of up to three-year imprisonment.
However, after backlash on social media, the FBR withdrew its notice issued to the ambassador and tendered an apology for the inconvenience caused to him.
Later, a press release issued by the FBR stated, “It was brought to the notice of FBR that Collector of Custom (Adjudication) Islamabad has issued a show-cause notice to an ambassador for violation of Custom Act, 1969.” The FBR clarified that the issuance of the show-cause notice was not in conformity with the privileges available to the diplomats under the Vienna Convention.
It added, “Therefore, upon FBR’s directions, the Islamabad Customs has modified the seizure report and the show-cause notice is also being modified accordingly. The inconvenience caused to the worthy ambassador is regretted.”