Super tax cases moved to constitutional bench
Pakistan
Islamabad, Lahore High Court were hearing intra-court appeals earlier
ISLAMABAD (Dunya News) - A five-member constitutional bench of the Supreme Court ordered the transfer of pending intra-court appeals related to the imposition of super tax from the Islamabad and Lahore High Courts to the top court.
At the outset of the hearing, legal representatives pointed out that similar intra-court appeals were still pending before the Islamabad and Lahore High Courts.
Representing private companies, senior lawyer Makhdoom Ali Khan argued that the Supreme Court holds the constitutional authority to transfer pending cases to itself. He emphasised that a constitutional amendment further clarified the court’s jurisdiction in such matters.
Justice Muhammad Ali Mazhar inquired whether a formal written request was necessary for case transfers.
Responding to the query, Makhdoom Ali Khan stated that even an oral request from the court could be considered valid. He further argued that the Supreme Court could also exercise its suo motu jurisdiction to transfer cases, adding that this authority should be interpreted in conjunction with Article 187 of the Constitution.
Later, the constitutional bench ordered the transfer of all pending intra-court appeals from the Islamabad and Lahore High Courts to the Supreme Court.
Following this ruling, Makhdoom Ali Khan resumed his arguments against the imposition of super tax. He contended that the government could not impose such a tax arbitrarily and was required to justify its necessity. He further stated that super tax could only be levied under extraordinary circumstances and cited previous Supreme Court rulings that had struck down additional taxation as unlawful. He argued that imposing such taxes was also in violation of fundamental rights.
The hearing was later adjourned.
