Petition against Tareen: Judge urges SC protection for taxpayers

Justice Bandial observes that if apex court decides matters on assumptions, what would be left for taxpayers


Our Correspondent October 06, 2017
Pakistan Tehreek-e-Insaf's general secretary Jahangir Khan Tareen (R) stands as party chief Imran Khan addresses media outside Supreme Court building after a hearing into Panama scandal case on Thursday, November 3, 2016. PHOTO: ONLINE / FILE

ISLAMABAD: The Supreme Court should protect taxpayers, observed Justice Umar Ata Bandial, while sitting on a three-member bench on Thursday, which is hearing a petition filed by Pakistan Muslim League-Nawaz (PML-N) against Pakistan Tehreek-e-Insaf (PTI) General Secretary Jahangir Tareen.

“I am saying on my own behalf that we should protect the taxpayers,” Justice Bandial told the court. “If a person is paying taxes and he is the highest taxpayer and we as the apex court decide the matter on the basis of assumption, then what would be left for him,” he remarked.

The remarks came as Sikandar Bashir Mohmand, the counsel for Tareen, told the bench, headed by Chief Justice Mian Saqib Nisar, that his client was the highest taxpayer among parliamentarians and he was also the first to voluntarily pay the agriculture tax.

The court asked Tereen to submit complete revenue records for authentication of 18,564 acres land, which he got from various persons on lease. It also asked Tareen’s attorney to submit revenue records of the leased land to examine his agriculture income in 2010-11.

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Tareen has shown more than Rs1.2 billion agriculture income for two years. However, the petitioner claimed that there was a discrepancy in the agriculture income he showed to Punjab tax authorities and the Federal Board Revenue (FBR).

The petitioner’s counsel alleged that Tareen did not submit record regarding payments to landowners. The bench asked Tareen to furnish the record of payment made by him to the landowners.

Mohmand contended that the matter related to a discrepancy in the agriculture tax and was pending at different judicial forums. The chief justice said the court was not concerned about the tax matter but wanted to see authentication of his leased land. “We just need to have some authentication of records as we are looking at honesty under Article 62 (1) (f) of the Constitution.”

While referring to the Panama Papers verdict, the chief justice said the Supreme Court has the authority to investigate the matter related to the public office-holder under Article 184 (3) of the Constitution.

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Mohmand contended that the joint investigation team (JIT) in the Panama case was formed by a larger bench to probe into the issue of assets beyond known means. In the current case, he added, the petitioner had levelled allegation of tax evasion against his client.

The counsel, while referring Justice Asif Saeed Khosa’s Panama dissent note, also told the court that former prime minister Nawaz Sharif remained in power for 36 years, while his client was a federal minister for three years.

Justice Faisal Arab observed that it has previously been witnessed that people show inflated agriculture income and pay taxes on it to whiten money earned through illegal means. He said doubts are created when someone shows unusually high agriculture income in their tax records.

Mohmand assured the bench that he would provide complete revenue records regarding the leased land to provide clarity on the agriculture income. The hearing was then adjourned till Tuesday.

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