Failing to pay compensation: PHC issues notice to Hangu DCO

Same bench extends stay order on imposing 19.5% tax on internet

PESHAWAR: A division bench of Peshawar High Court on Monday issued a show-cause notice to the Hangu district coordination officer for not implementing court orders to pay compensation to an owner of a market and a house damaged during the 2009 riots.

Justice Irshad Qaiser and Justice Musarrat Hilali were hearing a contempt of court application filed by petitioner Shaukat Hussain, a resident of Hangu. Petitioner’s lawyer Khalid Tanveer Rohila told the court the market owned by Hussain was burnt to ashes in sectarian riots that occurred in 2009.

More than estimates

He said the petitioner suffered losses worth millions; the district administration carried out a survey and estimated a total loss of Rs3.9 million. However, Rohila argued, the petitioner suffered losses far more than the district government estimates, compelling him to file an application at the PHC.

The lawyer said the provincial government, under a policy, was bound to pay Rs0.3 million for the damaged house but that amount was not paid. The PHC had ordered the provincial government to resurvey the value of the losses, Rohila argued.



Additional Advocate General Mian Arshad Jan said the payment of compensation was the federal government’s responsibility. He contended the federal government did not release any funds to the provincial government for compensation of the houses or markets.

The bench was informed a Baitul Maal office in the said market was also reduced to ashes in the riots and its compensation was also not paid to the authorities.

The bench issued show-cause notice to the Hangu DCO and ordered Pakistan Baitul Maal to file a detailed reply on next date of hearing.

Stay order extended

The same bench extended a stay order on imposing a 19.5% tax on consumers of the internet by the Khyber-Pakhtunkhwa government. It ordered Pakistan Telecommunication Limited (PTCL) to pay the collected tax to the PHC registrar till final order.

The bench was hearing a writ filed by PTCL through its lawyer Barrister Babar Shehzad.  Shehzad argued the provincial government has increased tax on the internet from 12% to 19.5% that overburdened the PTCL customers.

He argued due to the implementation of tax, consumer ratio dropped tremendously. Shehzad asked the court to declare the tax null and void as the provincial government has no authority to impose tax on PTCL.

Published in The Express Tribune, January 26^th,  2016.