Peshawar High Court (PHC) has issued pre-admission notices to the office of Prime Minister, secretary Establishment Division, secretary law, chairman Federal Public Service Commission, chairman National Accountability Bureau, director general Federal Investigation Agency and chairman Appellate Tribunal Inland Revenue (ATIR) in a constitutional petition moved for removal of chairman ATIR.
It is reliably learnt that a senior taxpayer citizen of Pakistan who is belonging to a noble family of judiciary has approached the PHC through office-bearer of Hazara Tax Bar Association (HTBA) Mudassir Malik Advocate and urged that the notifications, appointing the chairman ATIR, to hold the public office as judicial member and thereafter as chairman (BS-22) are illegal and of no legal effect and accordingly they may be cancelled and declared patently illegal and void ab initio and chairman ATIR may be de-seated / removed from the post of chairman with return of benefits already enjoyed.
When contacted, KPK based Advocate Mudassir Malik told this correspondent that accountability law should be applicable across the board without any fear and favour. Strict action should be taken by the competent authorities including the PM Office against corrupt, inefficient and incompetent public servants so that their punishment might serve as a warning for those who might try to do illegal activities in future. Pakistan's economy is getting stronger due to CPEC but the role of tax collection is very important in boosting the economy of the Pakistan. The petitioner stated, "The petitioner is belonging to a noble and pious family of judiciary from his father's side, who was a famous jurist. The petitioner is also a stakeholder amongst other elements responsible for upholding principles and provisions contained in the Constitution for the independence of judiciary in all respect. Through present petition of quo warranto, the petitioner (being a taxpayer citizen of Pakistan) has locus standi to question the working and patently illegal acts of respondents to appoint an ineligible person as chairman (BS-22) in ATIR." Tribunal is commonly known as final fact finding authority under the fiscal laws of Pakistan (Income Tax Ordinance, Sales Tax Act, Federal Excise Duty etc) wherein hundreds of thousands of billion rupee of national exchequer in shape of taxes and duties are on stake. With utmost reverence, state of affairs and strong documentary evidence available on record bluntly speak the truth that in Pakistan there is no "rule of law" but only a "sharing system" exists in which the national exchequer and public at large are the biggest loser while major beneficiaries are the partners in "marriage of convenience." The chairman ATIR is required to be restrained from performing any judicial work and hold any public office and the notifications for his appointment as judicial member as well as chairman tribunal are liable to be cancelled. It is also prayed that chairman ATIR may also be restrained from performing any judicial work, in single as well as division benches of tribunal, till the final decision of the subject petition, the petitioner added.
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