ISLAMABAD: A five-member Constitutional Bench headed by Justice Aminuddin Khan resumed hearing of the Super Tax case.
During the court proceedings, the lawyers pointed out that multiple cases related to the issue are pending in high courts. Lawyer Makhdoom Ali Khan highlighted that the Supreme Court has constitutional authority to transfer pending cases to itself. “After the constitutional amendment, the authority to transfer cases has been clarified,” he said.
SC Constitutional Bench tackles Super Tax case
Justice Muhammad Ali Mazhar asked if a written application was required for the transfer, to which the counsel responded that a request from the court can also be considered an oral application. Makhdoom Khan said, “I think the court can transfer cases even using its suo moto power. The power to transfer cases will be considered in conjunction with Article 187.”
As a result, the Bench issued orders to transfer the appeals pending in Islamabad High Court (IHC) and Lahore High Court (LHC) to the Supreme Court.
Resuming his arguments from yesterday, Makhdoom Khan said that the government cannot directly implement super tax, adding that any tax must be justified before it is imposed. “There must be exceptional circumstances for super tax. The Supreme Court has declared additional tax wrong in several decisions. Imposing additional tax is also against fundamental rights.”
Supreme Court to hear ‘super tax’ case on daily basis
After ordering the transfer of the cases, and hearing arguments of the lawyer of the private companies, the Constitutional Bench adjourned the case until tomorrow.
Makhdoom Khan will continue his arguments tomorrow as well.