ISLAMABAD: The Supreme Court sought reports from the Federal Board of Revenue (FBR) and Federal Investigation Agency (FIA) on undisclosed foreign bank accounts, and the recovery of alleged looted money.
A six-judge constitutional bench, headed by Justice Aminud Din Khan, on Friday, heard 16 cases, which had been pending for a long time in the apex court. The bench disposed of many cases, while hearings of a few were adjourned by issuing notices, and also made crucial remarks in various cases.
Justice Muhammad Ali Mazhar, in an anti-terrorism case, made it clear that the Constitutional Bench has power to take suo moto notice, if necessary.
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Munir Paracha, representing the petitioner, argued that no further action was required in the case. He contended that following the 26th Amendment, the Supreme Court no longer had the right to initiate suo moto proceedings.
However, Justice Mazhar told him that though the amendment had changed procedural aspects, but has not taken away Supreme Court’s power to take suo moto notice. “The procedure may have changed, but still the Supreme Court has power to take suo moto. The only difference is that such cases are now heard by the Constitutional Bench,” he added.
“Constitutional Bench is empowered to hear such cases and initiate suo motu proceedings if necessary,” SC judge Muhammad Ali Mazhar observed. Justice Jamal Khan Mandokhel stated that this issue will be considered in another relevant case.
During the hearing of a case related to undisclosed foreign bank accounts and recovery of embezzled funds, Advocate Hafiz Ahsan argued that amendments have been made to the income tax law.
He stated that proceedings concerning undisclosed accounts and recovery actions are underway through the legal process. Justice Mazhar noted that orders had been issued for reports from all relevant agencies, including the FIA and the FBR, in this case.
The FBR’s counsel maintained that this matter primarily concerns the FBR and the FIA, and other agencies are not involved. Justice Mazhar remarked that if there is a move to close the case, a report should be provided. The case is adjourned for two weeks.
In a contempt case, the constitutional bench gave time to former federal ombudsman Yasmin Abbasi to file a reply and adjourned the matter. Justice Amin remarked that Ms Abbasi did not appear in court, while Justice Mazhar said she had been appearing in the past hearings in personal capacity. “Yasmin Abbasi is no longer the federal ombudsman, why are we going ahead?” Justice Mandokhel questioned.
Justice Mussarat Hilali asked can the actions of the federal ombudsman be challenged in a high court. Justice Amin replied that if a forum takes action beyond its authority, the high court had the jurisdiction. The court then ordered the federal ombudsman’s lawyer to submit a reply after seeking instructions on the matter.
In a suo motu notice regarding the private use of Islamabad’s Convention Centre, the bench disposed of the case after the additional attorney general informed it that the expenses incurred on the PTI’s event at the Centre had been paid after the ceremony to the Capital Development Authority (CDA). “Run the Convention Centre according to the institution’s policy,” Justice Jamal Mandokhel remarked.
The constitutional bench disposed of a case on an appeal under the Banking Ordinance.
Copyright Business Recorder, 2024