The constitutional bench (CB) ordered the transfer of unanswered calls concerning the super tax before the high lessons to the Supreme Court.
A constitutional bench of five members, led by judge Amin-Ud-Din Khan, heard the case linked to Super Tax, where lawyers stressed that calls were pending in the high lessons of Lahore and Islamabad.
The lawyer for private companies, Makhdomo Ali Khan, informed the court that the Supreme Court has the constitutional power to transfer to pending affairs. He explained that after the constitutional amendment, the power to transfer the cases was clearly described.
Judge Muhammad Ali Mazhar asked if a written request would be required for the transfer of business, to which the lawyer replied that even an oral request for the court could be examined. He also added that, in his opinion, the court could also transfer the business by exercising his Suo-Mot powers.
The transfer of cases would be examined in the light of article 187.
Makhdomer Ali Khan stressed that the government cannot directly impose the super tax. Any tax must be justified and exceptional circumstances must exist to impose a super tax. He also stressed that in several decisions, the Supreme Court said that additional taxes were illegal, noting that the imposition of such taxes violates fundamental rights.
After the hearing, the constitutional bench ordered the transfer of appeals in suspense linked to the super taxes of the High Course of Islamabad and Lahore to the Supreme Court and postponed the hearing until tomorrow.
Earlier, a constitutional bench of the hearing of the Apex Court against a super tax imposed following a military operation was reconstituted Monday after one of the members of the bench, judge Aamer Farooq, who had heard the case as a judge of the Haute-Cour, had been challenged.
A CB of five members led by Judge Amicin Khan resumed the appeals filed by various organizations and individuals against a Supertax that the PML-N government had imposed in 2015 to generate funds for the accommodation of internal displaced persons due to the Zarb-Ezb operation.
At the beginning, judge Khan noted that a member of the bench, judge Aamer Farooq, had heard the case as a judge of the High Court of Islamabad (CIH) and that the CB should therefore be reconstructed.
During the hearing, the CB rejected a request for a postponement from the hearing to Ramazan and said the case would be heard daily.
