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Lahore High Court Dismisses Writ Petition, Cites Lack of Jurisdiction in Anti-Dumping Case

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Lahore High Court Dismisses Writ Petition, Cites Lack of Jurisdiction in Anti-Dumping Case

Islamabad 09-07-2024: In a significant decision, the Lahore High Court has dismissed the writ petition filed by M/s Madni Paper Mart, citing lack of territorial jurisdiction. The petition, under Article 199 of the Constitution of Pakistan, 1973, challenged the National Tariff Commission’s decision to initiate a sunset review under Section 58 of the Anti-Dumping Duties Act, 2015.

The case stemmed from an application by the domestic industry (Respondent No.3) leading to an investigation by the Commission under Section 23 of the Anti-Dumping Duties Act, 2015. This investigation resulted in the imposition of anti-dumping duties on imports from Brazil, China, Indonesia, Japan, and Thailand in March 2018. Various appeals were made, culminating in a judgment by the Anti-Dumping Appellate Tribunal on 6th August 2020. Further appeals were lodged at the Islamabad High Court, which remain pending.

The petitioners argued that the sunset review for Indonesia was initiated beyond the permissible five-year period since the duty was set aside by the Tribunal in August 2020, rendering the matter a closed transaction.

The Lahore High Court, reiterating the principle that jurisdiction cannot be assumed based on the parties’ consent, emphasized that it must be determined at the commencement of proceedings. The Court referenced multiple precedents, including the case of “Izhar Alam Rarooqi, Advocate versus Sheikh Abdul Sattar Lasi” (2008 SCMR 240), to underscore that jurisdiction is a fundamental legal requirement.

In its detailed analysis, the Court highlighted the federal structure of Pakistan’s Constitution, which delineates powers and jurisdiction among the judiciary. The Court noted that matters initiated by federal authorities based in Islamabad fall under the jurisdiction of the Islamabad High Court.

Citing the principle of forum non conveniens and established case law, the Lahore High Court directed that the petition be returned to the petitioners to be presented before the Islamabad High Court. The decision aligns with constitutional provisions and the Anti-Dumping Duties Act, 2015, ensuring that jurisdictional boundaries are respected in legal proceedings.

This ruling serves as a critical reminder of the importance of jurisdiction in legal matters and reinforces the procedural integrity of the judicial system.