IHC extends stay order on Sukhera’s removal till Aug 8

CJ Minallah says only Supreme Judicial Council has the authority to remove the FTO

ISLAMABAD: The Islamabad High Court (IHC) on Tuesday maintained a stay order, allowing Federal Tax Ombudsman Mushtaq Sukhera to remain on his post until the next hearing on August 8. The Ministry of Law and Justice had removed Sukhera from his post.

IHC Chief Justice Athar Minallah heard a petition filed by Sukhera challenging his removal as FTO.
During the proceedings, the court inquired that if Sukhera’s appointment being illegal was accepted, would all the appointments under the 2000 Ordinance and on the request of the prime minister be illegal?

CJ Minallah inquired that what would be the legal condition of the recommendations given by Sukhera in two years and how would the punishment announced by the FTO be seen.

The court declared in its written order that there were no allegations of misuse of office against Sukhera and even the federal government’s case was not that Sukhera was incompetent.

The court ordered that the stay order on Sukhera’s restoration was being maintained until August 8 according to which he would remain on his post, but would not be able to use his authority. Additional Attorney General Abid Raja apprised the court that the president of Pakistan had taken back the notification (August 31, 2017) of posting Sukhera.

During proceedings the other day, CJ Minallah observed that the reply of the Ministry of Law and Justice was extremely dangerous in this case. He inquired whether the government was opening the door to 58 2(B).

“Did the president have a dream that the previous president did something wrong,” inquired Minallah. “If the court announces its verdict in the case, a war for authority will commence between two powers.”

Sukhera’s lawyer Babar Sattar apprised the court that the Ministry of Law had not presented a summary through which it could be leant that the appointment was illegal.

The CJ remarked that the FTO could only be removed by the Supreme Judicial council. The court postponed further hearing of the case till August 8.