KTBA petition seeks independence of judiciary

The Karachi Tax Bar Association (KTBA) has filed a petition in Sindh High Court to secure independence of judiciary. The petition, filed under Article 199 of the Constitution of Pakistan, seeks declaration from the Sindh High Court that the executive should be restrained from interfering in fair and independent judiciary and the judicial system.
The declarations sought are: that sections 122, 207, 208, 130 and 133 of the Income Tax Ordinance and sections 45B, 46 and 47 of the Sales Tax Act 1990, are in conflict with the Constitution of Pakistan, inter alia, that the court and tribunals created by any law, other than those created under Article 212 of the Constitution are liable to be brought under the direct supervision of the Supreme Court in the province, ie the High Court under the Article 203 of Constitution of the Islamic Republic of Pakistan.
The various provisions thus are liable to be declared as ultra vires the various provisions of the Constitution for the above reason. It is further stated that such interference of the executive in the appointment of judges/presiding officers in the judicial system is in fact contrary to the principles laid down in the case of Sharaf Faridi vs the government of Pakistan PLD 1989 Karachi 404, government of Sindh vs Sharaf Faridi & others 1990 SCMR and government of Balochistan vs. Azizullah PLD 1997 SC 371. The case was fixed on May 30, 2011, in which notice was issued to the respondent, and also the Attorney General of Pakistan. The case has been filed and pleaded by Anwar Mansoor Khan, senior advocate, Supreme Court of Pakistan, on behalf of the petitioners.