Non-appointment of registrar in ATIR, Benami Tribunal: IHC CJ issues notice to law ministry

ISLAMABAD: The Islamabad High Court (IHC) Chief Justice has issued notice to the Ministry of Law and Justice in a constitutional petition against the inaction of the federal government for not appointing a competent/eligible person as registrar in the Appellate Tribunal Inland Revenue Pakistan (ATIR) and in the Federal Appellate Tribunal for Benami Transactions.

A Hazara Bar member Mudassir Malik, through Waheed Shahzad Butt has filed a constitutional petition before the IHC for inaction on part of the federal government for appointing a competent/eligible person as registrar in the ATIR and Benami Tribunal.

The petitioner accused that the Ministry of Law and Justice with the active connivance of the ATIR is running this important forum intentionally/purposefully with assistant/deputy registrars, while the most crucial seat of registrar has not been filled.

The Law Ministry must explain why this important seat has not been filled for a long time? Person(s)/officials(s) responsible for this intentional negligence must also be taken to task by the IHC.

When contacted, Waheed Shahzad, the counsel of the petitioner, told this correspondent that harming interests of the taxpayers, and the public exchequer, the federal government (the Ministry of Law) has failed to make fully functional and independent, the Appellate Tribunals Inland Revenue and the Benami Transaction Tribunal, by not appointing a competent/eligible person as registrar.

The delay also puts an unnecessary burden on the taxpayers, as cases linger on for years.

The maximum disputed tax cases are pending before the appellate tribunals but unfortunately, the federal government is least bothered to strengthen this area? Everybody knows that corruption reigns supreme at the various departments/ministries of Pakistan but it seems nobody has the guts to put an end to it - once and for all.

The IHC order states, the petitioner is aggrieved on account of inaction on part of the federal government to ensure that the Appellate Tribunal Inland Revenue and the Customs Appellate Tribunal are functional.

The learned counsel has contended that inaction on part of the federal government to make the two important tribunals functional amounts to violation of the fundamental right of access to justice guaranteed under the Constitution of the Islamic Republic of Pakistan, 1973. Let note be issued to respondent No 1 (the Law Ministry) for filing report, and para-wise comments within a fortnight, the IHC ordered.

Copyright Business Recorder, 2020