Vehicle Amnesty Scheme unlawful: Islamabad High Court

Vehicle Documentation / Registration / Import / Le

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supereagle (supereagle) 2013-06-19 10:14:56 +0500 #41

hamza_mh87;3918477:

Smuggled vehicles: FBR to press on with amnesty scheme to legalise vehicles ? The Express Tribune

sir, according to this article, the FBR was directed by the supreme court to register unregistered vehicles and to legalize them. You are right when you say that many people made use of this scheme which was unintended or unforeseen by the government or the supreme court, like people getting their vehicles registered that were not even present in pakistan, but were still in japan and dubai, etc. however, that still doesnt justify the high courts action since that was not the case with everyone. i bought a toyota surf 96, and it cost me almost the same as the price of an ordinary toyota surf of the same model. and this is the case of thousands of people. and then, as pointed out in this post earlier, there were many investors who bought vehicles in this manner and then sold them off. so lets say, a person bought a car for 6 lakhs, and then paid 6 lakhs duty on the vehicle, so it cost him 12 lakhs, and then he sold it off for 13 lakhs. and suddenly the government decides to confiscate that vehicle, and pays the owner 6 lakhs that the government had received as custom duty. so the owner faces a loss of 7 lakhs. this is just one example, there shall be thousands of such cases, and the losses shall amount to billions. and who shall be responsible for those losses?

Mohtaram Hamza Sahib,
Your situation is quite alarming. Now the buyer will only get the custom's duty and not the original amount. I think you will be able to file a class action in court. Maybe a lawyer will be able to tell you better.

                               When I was about to go for an Amnesty Scheme vehicle my car dealer told me not to and quoted one example about a 2012 Land Cruiser out of that scheme parked in Islamabad and the owner was demanding Rs. 5 million for it (Rs. 50 lac).  The market value of the car was Rs 10 million (Rs. 1 Crore).   No buyer showed up who would take the vehicle for half the price.  It is still parked in Islamabad.  Now it will be impounded by the state.  Even I would not have gone for it despite it being half the market-price.  I smelt rat and that turned out to be the case.

                               I do understand your frustration.  We all should stay away from any such unlawful practices as they only bring bother.  Zardari government is gone after plundering and mismanaging the country and now in case of the Vehicle Amnesty Scheme the owners of such vehicles are left alone to face the music.  It is quite a pity.

                               Thanks and take care.

BlueHorn (BlueHorn) 2013-06-19 10:19:39 +0500 #42

Everything is possible in Pakistan. What is next? I know, let's annul the life time token on cars. Lets have everyone pay car token from this year !!1
Will some judge care to tell what becomes of the money which government took LEGALLY to clear these NCP cars?!! Who will refund that money ?!!

sk_020 (Saad) 2013-06-19 11:34:58 +0500 #43

I was also advised by my dealer to not to go for these cars as there will be a mess sooner or later. I was getting a very good deal of a Mark X 300g premium and I was regretting my decision of not buying that car. And here it is. Thankful to ALLAH who saved me from a big tension.

Waheed76 (Waheed76) 2013-06-19 11:36:51 +0500 #44

Dear supereagle, the only difference between you and me is, there was a car dealer to alert you but not for me. you told that you were going to buy one also. you have mentioned many times that
"one should avoid unlawful things". will you please tell me that what is illegal if i bought a car from a show room, having proper papers , custom duty paid inline with the directions of GOVERNMENT OF PAKISTAN, a SRO of FBR in favor of that, and rejection of stay order against amensity scheme by high court. still you think that was a fraudulent activity by me ? or just because its me who is victim not you. Come in my boots and see the situation again, rather than telling us that " We all should stay away from any such unlawful practices as they only bring bother".

qwertypoiu (qwertypoiu) 2013-06-19 11:43:17 +0500 #45

[QUOTE=supereagle;3918728]Mohtaram Hamza Sahib,
Your situation is quite alarming. Now the buyer will only get the custom's duty and not the original amount. I think you will be able to file a class action in court. Maybe a lawyer will be able to tell you better.

                               When I was about to go for an Amnesty Scheme vehicle my car dealer told me not to and quoted one example about a 2012 Land Cruiser out of that scheme parked in Islamabad and the owner was demanding Rs. 5 million for it (Rs. 50 lac).  The market value of the car was Rs 10 million (Rs. 1 Crore).   No buyer showed up who would take the vehicle for half the price.  It is still parked in Islamabad.  Now it will be impounded by the state.  Even I would not have gone for it despite it being half the market-price.  I smelt rat and that turned out to be the case.

                               I do understand your frustration.  We all should stay away from any such unlawful practices as they only bring bother.  Zardari government is gone after plundering and mismanaging the country and now in case of the Vehicle Amnesty Scheme the owners of such vehicles are left alone to face the music.

                               Thanks and take care.[/QUOTE]

Your info is Wrong, yes you were offered a 2012 Lc for 5 million because it was NCP had anyone bought it he would have to pay the Duty. then it would be 10million cost further more 2012 Lc is atleast 15-17 million

supereagle (supereagle) 2013-06-19 12:03:35 +0500 #46

Zabardast Mr. Sk_KingpiN, I too was about to go to KPK for an SUV for I was being lured into this trap of greed and deceit but was stopped by my car dealer. Both of us should thank both our car dealers and our stars. Bhairian kamma day bhairay nateejay. This was the reason no one went for a mint 2012 Toyota Land Cruiser out of the infamous Amnesty Scheme being sold by the owner for 5 million rupees (50 lacs) the market price of which was 10 million (1 crore). No one even spitted on it even when it was going for half the price. It is still parked in Islamabad and will now be impounded. 2 number cheez 2 number hee hotee hay wo kabhee 1 number nahee bun saktee. Mulamma key anghootee (electroplated by gold) kabhee Sonay key anghoothee ka muqabla nahee kar saktee. When I was in 10th grade, I read a poem 'Mulamma key anghootee' in which the electroplated ring boasted to the pure gold ring that it too was shining and the pure gold ring replied to the electroplated ring that one day its layer of gold would come off and her true face would be unveiled. I never forgot the lesson from that poem. I suppose it was by Mr. Akbar Allahabadi.

Thanks and take care.

fazalwahab11375 (fazalwahab11375) 2013-06-19 12:10:24 +0500 #47

Null & Void. how come a govt now impound the vehicles which were declared OK by the amnesty scheme. I mean if even it was illegal. People followed a Govt ruling on it. I am not a finance expert so cant comment.

supereagle (supereagle) 2013-06-19 12:11:36 +0500 #48

Mohtaram qwertypoiu Sahib,
I don't know if my information is wrong or not. The incident was told to me by my car dealer who said that it was 5 million rupees after all the duty had been paid. Maybe the owner of the Land Cruiser was looking for someone who could take the vehicle off his hands with the suspicion that it would be impounded one day and wanted to pass it off to someone before it was too late. Whatever the price, the owner was asking for 5 million and I know the car dealer, he doesn't bluff.

Thanks and take care.

qwertypoiu (qwertypoiu) 2013-06-19 12:16:27 +0500 #49

supereagle;3918851:

Zabardast Mr. Sk_KingpiN, I too was about to go to KPK for an SUV for I was being lured into this trap of greed and deceit but was stopped by my car dealer. Both of us should thank both our car dealers and our stars. Bhairian kamma day bhairay nateejay. This was the reason no one went for a mint 2012 Toyota Land Cruiser out of the infamous Amnesty Scheme being sold by the owner for 5 million rupees (50 lacs) the market price of which was 10 million (1 crore). No one even spitted on it even when it was going for half the price. It is still parked in Islamabad and will now be impounded. 2 number cheez 2 number hee hotee hay wo kabhee 1 number nahee bun saktee. Mulamma key anghootee (electroplated by gold) kabhee Sonay key anghoothee ka muqabla nahee kar saktee. When I was in 10th grade, I read a poem 'Mulamma key anghootee' in which the electroplated ring boasted to the pure gold ring that it too was shining and the pure gold ring replied to the electroplated ring that one day its layer of gold would come off and her true face would be unveiled. I never forgot the lesson from that poem. I suppose it was by Mr. Akbar Allahabadi.

Thanks and take care.

Dont call it 2 number cheez, As proper papers , custom duty paid inline with the directions of GOVERNMENT OF PAKISTAN, a SRO of FBR in favor of that, so court steps in does it mumbo jambo ....

Let me give you Example now Since Govt has allowed duty free import of 0-1200cc hybrid vehicles(lets not got into that how much big of a lolypop that is) and 5 years later Court steps in and call this action void too and blames the PML-N govt for robbed the exchequer of a staggering xx amount LOL then what ?
will you still call it 2 numberi ?

secondly how come court can declare one amnesty scheme for NCP car unlawful as there are few examples of it in the past?

i guess one has to see detailed judgement to see what the basic thing happened.....

ale.hamza (ale.hamza) 2013-06-19 12:26:32 +0500 #50

What's the point of seizing the vehicles now. If this scheme was unlawful then arrest those government officials who introduced this so called 'Amnesty Scheme'.

bango (bango) 2013-06-19 12:34:15 +0500 #51

It is plain stupid. If the court had to act, the time to act was when it was passed.

I wouldn't be surprised if they void the Nikahs done in previous government, and order to impound the brides.

qwertypoiu (qwertypoiu) 2013-06-19 12:40:25 +0500 #52

Probably courts will be back on track when few thousand pml-n suppoters/goons storm in and convey their regards

supereagle (supereagle) 2013-06-19 12:53:51 +0500 #53

Mohtaram Mr. qwertypoiu Sahib,
The current 1200cc hybrid option will be legitimised after the parliament approves of the move. In the case of the Amnesty Scheme, nothing such thing.happened. Had the government been smart enough, it would have got the approval of the parliament for it. In that case the court would not have done anything because the parliament makes the laws in a democracy and the court follows it. If the court declares the 1200cc option as unlawful, it will have to prove it as being out of step with the constitution of our country. Let's see the detailed judgement and only then we will be able to find out why the court thinks the Amnesty Scheme is not legitimate. The SRO you are talking about has been declared unlawful by the court. The court has clearly stated that. That is how democracy works. After March 2007 we have a different Pakistan when the judiciary became independent. All of us don't have to worry. The law is there to protect us. A smuggled car is a smuggled car and a lawfully imported car is a lawfully imported car. The court thinks that the law was not followed by the government in the case of the Amnesty Scheme. The court doesn't make laws, it simply follows it by interpreting the law. As responsible citizens we all should follow the law and respect the decisions of our honourable courts. An unlawful thing is indeed a 'number 2' thing. The court has declared all such vehicles given amnesty under the said scheme as unlawful. I don't know the name of the gentleman who filed the petition against the scheme and pleaded in the court that his rights as a Pakistani were violated by the government when it launched the scheme. I've not seen his petition or the judgement. Maybe a lawyer in this forum who looks into the petition and the judgement in detail would be able to educate us all on the legal points. A court is not a wrestling ring but an intellectual forum where arguments are done according to the law.

Thanks and take care.

StrikerX (StrikerX) 2013-06-19 12:56:01 +0500 #54

Yes

Waheed76 (Waheed76) 2013-06-19 13:29:55 +0500 #55

@supereagle, i am still waiting for your reply on my post #44

Einstein (Einstein) 2013-06-19 13:41:28 +0500 #56

This is GOVERNMENT OF PAKISTAN for heaven's sake. No credibility and no reliability. One day there is one decision and the other day there is another.

And i agree with Waleed that the common man will suffer again as all the cars ended up in the hands of common people.

What a shame.

Sheryar (Lucifer) 2013-06-19 14:18:28 +0500 #57

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fazalwahab11375 (fazalwahab11375) 2013-06-19 14:32:05 +0500 #58

tu car bananay waloon nay car kyoun nahi banae..?? ? car tu paisay daynay kay bawajood kae maheenay nahi milti.. and one has to pay premiums to get it earlier.

opethian (opethian) 2013-06-19 15:09:36 +0500 #59

supereagle;3918898:

Mohtaram Mr. qwertypoiu Sahib,
The current 1200cc hybrid option will be legitimised after the parliament approves of the move. In the case of the Amnesty Scheme, nothing such thing.happened. Had the government been smart enough, it would have got the approval of the parliament for it. In that case the court would not have done anything because the parliament makes the laws in a democracy and the court follows it. If the court declares the 1200cc option as unlawful, it will have to prove it as being out of step with the constitution of our country. Let's see the detailed judgement and only then we will be able to find out why the court thinks the Amnesty Scheme is not legitimate. The SRO you are talking about has been declared unlawful by the court. The court has clearly stated that. That is how democracy works. After March 2007 we have a different Pakistan when the judiciary became independent. All of us don't have to worry. The law is there to protect us. A smuggled car is a smuggled car and a lawfully imported car is a lawfully imported car. The court thinks that the law was not followed by the government in the case of the Amnesty Scheme. The court doesn't make laws, it simply follows it by interpreting the law. As responsible citizens we all should follow the law and respect the decisions of our honourable courts. An unlawful thing is indeed a 'number 2' thing. The court has declared all such vehicles given amnesty under the said scheme as unlawful. I don't know the name of the gentleman who filed the petition against the scheme and pleaded in the court that his rights as a Pakistani were violated by the government when it launched the scheme. I've not seen his petition or the judgement. Maybe a lawyer in this forum who looks into the petition and the judgement in detail would be able to educate us all on the legal points. A court is not a wrestling ring but an intellectual forum where arguments are done according to the law.

Thanks and take care.

So I agree to ur words of wisdom n being so fair about law n rule of law
Just shed some light upon the future of those who legitimized an illegal thing n then common people were pulled into this stuff ... What's their fault in it ... N why a common person has to suffer twice n the actual culprit stays free n enjoys the hard earned money he looted from common people who r now criminal in the eyes of JUDICIARY ...
u talk about so much fair judiciary ... I see it as another move to squeeze max out of common people ... It's like giving high salaries n then imposing even higher taxes n in the end the common people ends up lesser than previous money in hand
I say it's just jugulars who play words ...
This same judiciary can't implement an order which is in benefit of common people but has RAZAKAAR workers to implement its those rulings which further squeeze the last drops of blood

I've been attending many such cases on the issues of road conditions n stuff not a single such kinda case has ever been decided in favor of JANTA or even if its been declared there was no one to implement it ...

I dnt know what will be the future of this particular scheme but be ready to see the worst kinda hooligans n bhatta wasooli in next 5 yrs ... U will bleed from every hole n still they will drill more ...

Shame on those who r still hoping for a better governance n so called independent judiciary ...

This same judiciary is unable to give any kind of relief to 300 lawful plot owners whose plots were converted into some askari scheme, DHA or some other scheme right under the nose of CJ by Malik Riaz n his paid touts ...
There may be more such examples ... N as they say there is hardly any difference between the liars n lawyers ... Both can make anything possible ... Can make lawful = unlawful
No disrespect but in every profession there r bad people n those bad people make a profession even worse so blame those people ist who make same thing lawful 2 months back n then make it unlawful after few months ...

supereagle (supereagle) 2013-06-19 15:15:23 +0500 #60

Mohtaram Waheed Sahib,
I can understand your frustration. In the end you are the victim of an unlawful act started by the smugglers in which the government acted as a party to the illegitimate act. Rather than impounding such unlawful vehicles and arresting the smugglers, they acted further by issuing an SRO which has been declared unlawful by the honourable Islamabad High Court.

Here are you options now:

The buyers who have suffered from this scam can file a class action suit in the courts of Pakistan.
If you are a registered voter then you can go and talk to the guy who is the member of the National Assembly from your constituency. Parliament makes the laws and your member of the National Assembly can move a motion in the National Assembly saying that the action of the previous government regarding the SRO be legitimised by the Parliament. Elected members do help.

I too wanted to buy a car and considered the option of buying a car from this Amnesty Scheme but had a feeling that I could land into trouble and to seek guidance I consulted a car dealer I knew who was around 60 years old and wanted to benefit from his experience.

I think you will not end up losing your money. We are in for a lengthy process in the Pakistani courts. People like you who have suffered from this scheme will go to the courts with the very valid argument which you have made in your post. You have done nothing wrong, it was the smugglers who had smuggled cars into Pakistan and the Zardari government which introduced this scheme. The present government and the honourable courts of the country will find a way to protect people like you who have suffered.

Even if you don't get your money, you will be able to keep and drive the car until it lives out its age. That is how long the legal process may take because the situation has become very complicated.

In the future please stay away from such schemes.

Thanks, take care and cheer up.

Regards.