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IHC upholds President, FTO’s orders against Gerry’s Dnata

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Zubair Qureshi

The Islamabad High Court (IHC) has upheld President’s and Federal Tax Ombudsman’s decision directing the Lahore Customs collector to get a radiation machine meant for cancer patients’ treatment released within, which had been lying with MS Gerry’s Dnata (Pvt) Ltd since 2023.

Previously, Federal Tax Ombudsman (FTO) Asif Mahmood Jah directed the Lahore Customs collector to get a radiation machine meant for cancer patients’ treatment released within seven days, which had been lying with MS Gerry’s Dnata (Pvt) Ltd since 2023.

Gerry’s had filed representation before the president against the findings of the FTO which was dismissed.

Later, Gerry’s approached the Islamabad High Court (IHC) invoking its writ jurisdiction against the president’s order which , too, has been dismissed in limini by the honourable single bench.

Adviser FTO Almas Ali Jovindah said that the decision of the Lahore High Court holds immense importance and will set precedence against such backlog in future to avoid any handicap to medical treatment.

The radiation machine had been lying in the shed of the Collectorate of Customs, Lahore, since April 4, 2023 and the Gerry’s was refusing to release the machine without payment of the extra cost for keeping the shipment with it in the warehouse, despite the fact that Customs authorities had issued a Delay and Detention Certificate (DDC) for waiving off the storage charges. The president issued the order keeping in view the sensitive nature of the equipment and the noble cause of serving humanity, particularly the cancer patients.

The president warned that in case of non-compliance the Customs collector shall initiate necessary proceedings against the company under the law. The president regretted that the Gerry’s did not consider it a serious matter, and refused to release the machine without getting a huge payment for warehouse charges, thus, making those cancer patients and poor people of Pakistan suffer who get treatment from the public sector hospitals of the country.

“Exploitative business in this manner without a compassionate understanding of issues is regrettable,” he added. Upholds FTO’s verdict.

The Mayo Hospital Lahore chief executive officer had filed a complaint with Federal Tax Ombudsman (FTO) against the Collectorate of Customs, Allama Iqbal International Airport (AIIAP), Lahore, on the refusal of M/s Gerry’s to honour the Delay and Detention Certificate (DDC) issued by the Customs assistant collector (AC) and release the machine.

According to him, the hospital had imported a Cobalt-60 Source for radiation of cancer patients, which was to be the only machine available for patients in public sector hospitals. The machine was lying in the shed of the Collectorate of Customs, AIIAP since April 4, 2023 due to the non-availability of funds to pay the outstanding charges to M/s Gerry’s.

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