The Supreme Court Wednesday rejected the stay application seeking suspension of collection of Gas Infrastructure Development Cess (GIDC) from several industrial units of Khyber Pakhtunkhwa due to non-availability of bench to hear the matter. A division bench of the Peshawar High Court had temporarily suspended collection of the GIDC from several industrial units of the KPK until filing of appeals by them before the Supreme Court against the high court's verdict which has declared the cess legal.
Challenging the Peshawar High Court verdict before the Supreme Court, the appellants' counsel requested a three-judge bench led by Chief Justice Mian Saqib Nisar on August 16 to grant stay; otherwise, his clients would bear an irreparable loss because payment date of the GIDS was due on August 18. However, Chief Justice Mian Saqib Nisar after granting leave to appeal in the matter issued notice to Attorney General for Pakistan who received the notice during the course of hearing.
On Wednesday, senior advocate Khalid Anwar appeared before a two-member bench of Justice Mushir Alam and Justice Qazi Faiz Isa and requested for stay order in the matter to which a member of the bench Justice Qazi Faiz Isa said the court is remanding the case to the Peshawar High Court for decision. However, Khalid Anwar pleaded that instead of remanding the matter in hand, the court has power to decide the stay application, adding that a division bench of the Peshawar High Court had decided the current case so it is mandatory for a three-judge bench of the apex court to hear these appeals. Accepting the plea of Khalid Anwar, the bench adjourned the hearing of the matter for a three-member bench till after Eid.