PTI govt asks SC for GIDC case early hearing

Approaches apex court through AGP with request to take up case pending for many years

Hasnaat Malik September 05, 2019
Supreme Court of Pakistan. PHOTO: AFP

ISLAMABAD: The federal government has approached the apex court through Attorney General for Pakistan (AGP) requesting it for early hearing of the Gas Infrastructure Development Cess (GIDC) case, a senior law officer told The Express Tribune on Thursday.

The move came a day after the Pakistan Tehreek-e-Insaf (PTI) government withdrew – amid harsh criticism by various circles – a presidential ordinance introduced a week ago to waive over Rs300 billion GIDC outstanding against a handful of industries and businesses.

While withdrawing the ordinance, the prime minister had directed the AGP to move an application for an urgent hearing of the case in the Supreme Court of Pakistan, “so that the matter could be decided at the earliest in accordance with the law and the Constitution”.

A statement of the PM Office on Wednesday said the ordinance was issued with a view to recover 50% of the stuck revenue by way of an out-of-court settlement after consultation with the industry.

“However, in view of the recent controversy, the prime minister, in the interest of transparency and good governance, has decided to withdraw the ordinance,” it said.

The GIDC was levied in 2011 by then federal government by enacting the GIDC Act 2011.

Its objective was to gather fund for different energy projects, including the Iran Pakistan (IP) Gas Pipelines Project, the Turkmenistan-Afghanistan-Pakistan-India (Tapi) Pipelines Project, the LNG Import Project and the LPG Supply Enhancement Project.

The GIDC was declared unconstitutional by the Peshawar High Court (PHC) on June 13, 2013, and the judgment was also upheld by the Supreme Court on Aug 22, 2014.

Later on, the Pakistan Muslim League-Nawaz (PML-N) led government brought a new legislation on this issue in 2015. It was also challenged in the PHC and the SHC.

In 2016, the SHC while exercising civil suit jurisdiction declared the GIDC as ultra vires of the Constitution but in May 2017, the PHC held that GIDC was legal.

Meanwhile, the aggrieved companies approached the SC against the PHC order.

In August, 2017, a three-judge bench of apex court led by former chief justice Mian Saqib Nisar took up the matter wherein renowned lawyer Khalid Anwar appeared before the court. The SC granted leave to appeal against the PHC verdict.  Despite passage of two years, matter is still pending decision.

Legal experts believe that the apex court should give final ruling in the case which is pending since long.

A senior government official said though the government has withdrawn ordinance but it would have profound repercussions on national economy.   “If we get judgment in our favour from superior courts then there is no guarantee of the recovery of billions of rupees amount in the name of cess,” he added.

A top former law officer said the PTI led government poorly handled this issue. He said Prime Minister Imran Khan did not send a good message by withdrawing the ordinance.

“If they promulgated ordinance then they should have stood its grounds and allowed the opponents to challenge it in the superior courts,” he added.

Another former law officer said after the withdrawal of ordinance, no one will go for out of court settlement on any matters with the incumbent government.

“If the government could not take pressure in this matter then how it will go for out of court settlements on the critical issues, in which the country is facing billions of dollars awards by international tribunals,” he said.

He lamented that companies have hired renowned lawyers to plead their case in superior courts but the government has no plan for ending this prolonged litigation on the GIDC.

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