Special Judicial Allowance: Court reserves judgment in FTO’s case

Counsel argues AGP cannot reverse a privilege accorded by president.

ISLAMABAD:

The Islamabad High Court (IHC) on Thursday reserved its judgment over a petition filed by the Auditor General of Pakistan (AGP) challenging the contempt notices issued by the Federal Tax Ombudsman (FTO) for halting the Special Judicial Allowance.

Saeed Khursheed, representing AGP Muhammad Akhtar Buland Rana, maintained in his final arguments that the FTO had put his client on notice after he claimed that the ombudsman was not entitled to the special judicial allowance of Rs200,000 which he had been drawing since his appointment in June 2009.

He argued that according to the law and justice division’s notification issued in March 2010, only Supreme Court (SC) judges and their staff were entitled to the allowance and his client had recommended the controller general of accounts to cease the ombudsman’s allowance in January this year. The AGP was subsequently served contempt notices in March 2013.

Asaf Vardag, FTO Dr Shoaib Suddle’s counsel, said the AGP did not have the authority to halt the allowance which  the ombudsmen have been drawing since the establishment of FTO’s office in 2000.

He argued that according to section 6 of the FTO ordinance, the president had fixed the special allowance for the ombudsman in line with that of SC judges. He said that the AGP could only raise an objection and requested the court to dismiss the case.

Chief Justice Muhammad Anwar Kasi is likely to announce the judgment next week.

On March 20, AGP had challenged the contempt notices issued by FTO for stopping the special judicial allowance.

Published in The Express Tribune, May 24^th, 2013.