Islamabad High Court (IHC) dismissed a Writ Petition due to Availability of Alternate Remedy

Islamabad 14-03-2025: In a significant ruling, the Islamabad High Court (IHC) has dismissed a Constitutional Petition [W.P. No. 4937/2018] filed by M/s Al-Ubaid Associates challenging the imposition of anti-dumping duties on Chinese-origin Galvanized Steel Sheets. The Petitioner sought to nullify the National Tariff Commission’s (NTC) Final Determination Notice dated 08.02.2017, contending that the investigation leading to the duty imposition was illegal and beyond jurisdiction.  

The single bench, headed by Mr. Justice Muhammad Azam Khan, ruled that the Anti-Dumping Duties Act, 2015 was validly applied, as the Anti-Dumping Ordinance, 2015 was retrospectively extended by the National Assembly, ensuring continuity in legal proceedings. The Court rejected the Petitioner’s claim that the NTC lacked jurisdiction due to an alleged legal vacuum between June and September 2015 and upheld the investigation process as legally sound.  

Citing Pakistan Steel Mills Corporation Vs. Muhammad Azeem Katper (2002 SCMR 1023) and Federation of Pakistan Vs. M. Nawaz Khokhar (PLD 2000 SC 26), the judgment reinforced the principle that legislative continuity prevents disruptions in regulatory functions. The Court also ruled that statutory time limits for provisional determinations under Section 36 of the Act, 2015 were directory, not mandatory, as no legal consequence was prescribed for exceeding them.  

Another key takeaway from the ruling is that constitutional petitions under Article 199 cannot be entertained where an alternative remedy exists. The petitioner had the right to appeal before the Anti-Dumping Appellate Tribunal under Section 70 of the Act, 2015, making the writ petition non-maintainable.

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