MUHAMMAD HASHIM vs PRESIDING OFFICER SPECIAL BANKING COURT, (Offences in Banks), Karachi and 7 others--2
This matter originated as a reference filed by the Presiding Officer of the Special Court (Offences in Banks) in Karachi, seeking judicial direction regarding the appropriate forum for trial following conflicting jurisdictional determinations. The case involved an F.I.R. where a conviction by the Special Court was previously set aside by a Division Bench of the High Court, which held that jurisdiction lay with the Commercial Court rather than the Special Court. Subsequently, the Commercial Court refused to accept the proceedings, citing a lack of authority to take cognizance of offences under the Import and Export Control Act, 1950, without a formal complaint from the Export Promotion Bureau, as required by section 5-B(2) of that Act. Furthermore, the Commercial Court asserted that the Special Court lacked the legal power to unilaterally transfer the cases. The High Court, upon reviewing the reference, noted the procedural impasse created by the conflicting views on jurisdiction and the statutory requirements for cognizance. The Court directed that the matter be fixed for further hearing after the Standing Counsel examines the legal position and obtains necessary instructions, effectively deferring a final determination on the jurisdictional conflict.
- Does a Commercial Court have the authority to take cognizance of an offence under the Import and Export Control Act, 1950, without a written complaint from the Export Promotion Bureau?
- Does a Special Court (Offences in Banks) possess the legal power to transfer cases to a Commercial Court after a conviction has been set aside by the High Court?
- Section 5-B(2), Import and Export Control Act 1950
ORDER
1. ' Listed Reference dated 6-1-2007 has been filed by the Presiding Officer, Special Court (Offences in Banks) Sindh at Karachi seeking direction of this Court.
2. It appears that originally the cognizance in F.I.R. No,17 of 2002 was taken by the Special Court (Offences in Banks) Sindh at Karachi and conviction judgment was recorded. It seems that such conviction judgment was set aside by a Division Bench of this Court in Criminal Appeal No,228 of 2006 and C.P. No,D-229 of 2006 vide order, dated 17 August, 2006 and such order was reported in 2006 PCr.LJ 1886. It was inter alia, held that it is the case of Commercial Court that has the jurisdiction in the matter and not the Special Court. It seems that the matters were sent by the Special Court to the Commercial Court for trial. However, the Commercial Court sent back R&Ps of the cases in view of the fact that "the Court being a Commercial Court shall not take cognizance of an offence triable under subsection (1) of section of the Import and Export Control Act, 1950, except upon a complaint in writing made by an officer of the Export Promotion. Bureau under section 5- B(2) of the Import and Export Control Act, 1950. Moreover, the learned Presiding Officer has no power to transfer these cases".
3. ' Let copy of the listed reference be supplied to Mr. S. Tariq Ali learned Standing Counsel. He also requests for time to examine the position and obtain, further instructions in the matter. Let it fixed in due course.