The Lahore High Court on Friday, rejecting unconditional apology of Punjab Beverage Company (Pvt) Ltd Director Finance Fayaz Hussain, directed the ministry of interior to place his name on exit control list (ECL). Fayaz Hussain through his counsel Abid Saqi tendered unconditional apology to a contempt of court notice for deceiving the court by impersonating himself as the Chief Tax of Federal Board of Revenue (FBR) on last hearing of a petition moved by some beverage companies against imposition of capacity tax.
The court adjourned the proceedings to August 6 for further hearing. The applicant prayed to the court to recall the order passed against him on July 30, 2013 and accept his unconditional apology. The applicant on the last hearing appeared before the court impersonating himself as Dr Ashfaq Ahmed Tonio, Chief Tax FBR, in the presence of the counsel for the FBR, Muhammad Ilyas Khan. In his written apology, Fayaz Hussain submitted that he was called to the rostrum by Ilyas Khan during the hearing on July 19, 2013 and the slip of attendance submitted by the applicant holding himself out as Chief Tax FBR was under the mistaken belief that he was being asked by the court as to who had issued the impugned rules.
However, Ilyas Khan told the court that the applicant held himself out to be Dr Ashfaq Ahmed Tunio and it was for this reason he was called to the rostrum. He said during the course of hearing Khan advised him to oppose the suspension of the impugned notification and also made a statement that no recovery proceedings will be initiated against the petitioners.
The court observed that the applicant had brazenly played an open fraud with the court by holding himself out as the Chief Tax FBR. The court further remarked that the contents of the apology/application appeared to be contrived and did not inspire confidence. "The conduct of the applicant amounts to "criminal contempt" in terms of section 6 (1) C of Contempt of Court Ordinance, 2003," the court observed and rejected the apology tendered by the applicant.
The court also issued him a show cause notice and directed an additional attorney general to appear on hearing to prosecute the contemnor/applicant. The applicant told to the court that he was scheduled to leave the country on August 3 and also produced copy of his air ticket. At this the court directed the ministry of interior to place his name on ECL till further orders in the case.