ISLAMABAD: The Islamabad High Court (IHC) has vacated the stay order against the removal of chairman, Appellate Tribunal Inland Revenue (ATIR).
The Division Bench of IHC, comprising Acting Chief Justice, Justice Sardar Muhammad Sarfraz Dogar and Justice Inaam Ameen Minhas, has vacated the said stay order dated February 20, 2025 against the removal of ATIR chairman.
“The instant application for vacation of interim relief is hereby allowed and ad-interim relief already granted by this court vide order dated February 20, 2025 is recalled,” the IHC order added.
In 2023, a writ petition was filed by Sargodha Tax Bar Association through its counsel, Barrister Asfandyar Khan Tareen to challenge the notification dated June 7, 2023 for appointment of chairman, ATIR on the basis that the appointment was made in an illegal and arbitrary manner without exercise of fair discretion. It was also contended in this petition that it was the legitimate expectation of the senior most member, Malik Muhammad Akram to be considered for the appointment as chairman, ATIR, however the needful was not done.
The said Writ Petition was allowed by the then Chief Justice of Islamabad High Court, Justice Aamer Farooq through a judgment dated February 11, 2025 before his elevation to the Supreme Court of Pakistan. It was held that the no other eligible member was considered in the summary moved by the Law Ministry to the prime minister for the appointment of chairman ATIR. Thus, the discretion was not properly exercised in accordance with the basic principles of reasonableness and transparency. The recommendation of only one person in the said summary reflected favoritism and nepotism. The proper recourse would have been to consider all the eligible members and then appoint the best suited person on merit.
The chairman, ATIR, filed an Intra Court Appeal against the said judgment, the operation of which was suspended by the Division Bench of Islamabad High Court through Stay Order dated February 20, 2025, till the next date of hearing.
The Sargodha Tax Bar Association promptly moved an application for vacation of stay through its counsel, Barrister Asfandyar Khan Tareen, on multiple grounds including, that the points raised by the Appellant were contrary to facts and law. It was further contended that the mandatory ingredients of interim relief were also missing as the judgment simply declared the appointment process illegal with a direction to the competent authority to make the fresh appointment of Chairman, ATIR in accordance with the law and confer acting charge on any eligible member of ATIR in the meantime.
The Division Bench of Islamabad High Court through order dated 16th April 2025 has vacated the stay order. Resultantly, the office of Chairman has fell vacant. The main case has been relisted after summer vacations.
Copyright Business Recorder, 2025
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