CB gears up for 26th Amendment case

Justice Aminuddin Khan says wants to wrap up super tax case before October 7

ISLAMABAD:

During the hearing of a tax case, the head of the Supreme Court's constitutional bench (CB) observed that the CB wanted to wrap up the case expeditiously in view of the crucial hearings on petitions challenging the 26th Constitutional Amendment.

"The bench wants to conclude the case as soon as possible, as hearings on the 26th Constitutional Amendment are set to begin on October 7," Justice Aminuddin Khan noted on Tuesday. Justice Khan was leading a five-member bench hearing petitions filed against the imposition of a super tax.

In October last year, the ruling coalition bulldozed the 26th Constitutional Amendment through parliament amid opposition protests.

The amendment introduced sweeping changes to the judiciary, including the creation of CBs in superior courts, an increase in the number of SC judges, and changes to the procedure for appointing the chief justice of Pakistan.

Several petitions were later filed in the SC challenging the amendment, with petitioners arguing that it aimed to undermine judicial independence. Interestingly, the petitions were not listed for hearing for almost a year and will now be taken up by a CB formed under the same amendment.

During Tuesday's hearing of the tax case, counsel for the companies, Shehzad Ata Elahi, concluded his arguments. He contended that taxes should only be those applied in the ordinary course.

Justice Muhammad Ali Mazhar asked about the structure of the Finance Bill, noting that it applies to the coming fiscal year and not retrospectively.

Elahi submitted that companies were willing to pay all taxes but sought certainty. "We should not go to bed at night and wake up with a new tax imposed the next morning. The purpose of enacting a law is to resolve an existing problem," he argued.

Justice Mazhar observed that this issue arises every year, with new elements surfacing each time.

The counsel further argued that while a 30% tax had been imposed on corporates, no such levy had been applied to non-corporates, citing a relevant Sindh High Court ruling.

After Elahi's submissions, Justice Aminuddin Khan asked who would argue next. At that point, Salman Akram Raja approached the rostrum and said he would not take more than an hour.

Justice Khan remarked that the bench had been told Raja would be adopting Makhdoom Ali Khan's arguments. Raja said there was one specific point on which he wished to argue. Khan suggested he present his arguments tomorrow before the break, after which Farogh Naseem could begin.

Raja, however, informed the bench that he would not be available the next day and requested an hour on the following day to conclude his arguments. The hearing will resume today (Wednesday).