ISLAMABAD: The Islamabad High Court has issued notices to federation, secretaries Cabinet Division, Ministry of Law, Ministry of Finance and the chairman of the Federal Board of Revenue in a petition of 32 senators who have challenged substitution of term ‘federal government’ with ‘board’ in the money bill 2017.
Though this act all powers and functions of the federal government provided in the taxing statutes have now been shifted and delegated to the FBR.
A single bench of IHC comprising Justice Aamer Farooq conducted hearing of the petition and issued notices to the aforementioned respondents in the petition of senators belonging to opposition parties. After issuing the notices, the court directed them to submit their reply within two weeks.
The 32 senators belonging to Pakistan People’s Party (PPP), Pakistan Tehreek-e-Insaf (PTI), ANP, Jamat Islami, Muttahida Quami Movement (MQM), Pakistan Muslim League and independent filed the petition through their counsel Mohsin Kamal Advocate.
The senators, including Saleem Mandvviwalla, Aitzaz Ahsan, Shahi Syed and Kamil Ali Agha, Senator Khalida Parveen and others nominated federation of Pakistan, secretary Cabinet Division, secretary ministry of law & justice, secretary ministry of finance and Chairman FBR as respondents in their petition.
The petitioners stated that they are elected senators and have a mandate to protect the rights of federating units ensuring that devolution of subjects and power takes place within the constitutional parameters.
They said that ministries of law and finance had introduced finance bill 2017 in the National Assembly whereby it was proposed to amend the Customs Act 1969, Sales Tax 1990 and Federal Excise Act 2005.
Petitioners added that the bill among various other amendments had proposed the substitution of term ‘federal government’ with ‘Board’ with the approval of minister-in-charge and wherever the said term was mentioned in taxing statutes, the Board shall mean the Federal Board of Revenue (FBR) and minister-in-charge the finance minister.
The above bill was introduced by government as ‘Money Bill’ and the provisions for which is contained in Article 73 of the Constitution and the bill was adopted by the National Assembly on June 13, 2017 despite reservations from the opposition benches in the house.
