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Tuesday, 19 September, 2023 I 2 Rabi ul Awwal, 1445
Rs 40.00 | Vol XIV No 80 I 40 Pages I Islamabad Edition
CJP and two sEnior-most JudgEs to ConstitutE bEnCHEs SC LAW CASE
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AGP, OTHER LAWYERS SEEK TIME TO RESPOND g CJP DIRECTS ALL PARTIES IN CASE TO SUBMIT TO QUESTIONS RAISED BY SC BENCH REPLIES, ARGUMENTS BY SEPTEMBER 25
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ISLAMABAD
AGP’s arguments in the case. He said that the AGP has to leave for Vienna regarding the Indus Waters Treaty. The AGP and other lawyers
STAFF REPORT
HIEF Justice of Pakistan (CJP) Justice Qazi Faez Isa on Monday ruled that a three-member committee, including himself and the two most senior judges, will decide bench formations as the apex court began hearing a set of petitions challenging the Supreme Court (Practice and Procedure) Act 2023. Later, the CJP adjourned the hearing of the petitions challenging the Supreme Court (Practice and Procedure) Act, 2023, till October 3. Headed by CJP Qazi Faez Isa, a full court bench heard the petitions challenging the Supreme Court (Practice and Procedure) Act, 2023 – a legislation introduced by the former coalition government. Dictating his order, the chief justice said: “In view of the challenge thrown to the Supreme Court (Practice and Procedure) Act 2023 and as the matter is pending adjudication. We will be consulting with two senior colleagues with regard to the constitution of benches,” adding that senior puisne judges Justice Sardar Tariq Masood and Justice Ijazul Ahsan agreed with him too. Shortly thereafter, the court roster for this week was issued with five benches. The rosters were decided by CJP Isa in consultation with the two senior-most puisne judges. First time in the country’s history, the hearing of the petitions challenging the Supreme Court (Practice and Procedure) Act, 2023 was broadcast live and during the hearing, Justice Qazi Faez Isa remarked that he heard
sought time to reply to the questions raised by the bench. The chief justice said that he will form a bench after consulting two senior SC judges including Justice Sardar Tariq and Justice Ijazul Ahsan. He directed lawyers and all parties in the case to submit their replies and arguments by September 25. CJP Qazi Faez Isa remarked that they approved all petitions regarding the full court. He asked his fellow judges to constitute small benches. Later, the chief justice adjourned the hearing till October 3. Earlier, the Supreme Court decided that the full court proceedings on a set of pleas challenging the Supreme Court (Practice and Procedure) Act 2023 would be broadcast live. The decision was taken in a full court meeting headed by CJP Justice Qazi Faez Isa. The full court was constituted by newly-appointed Chief Justice of Pakistan Qazi Faez Isa and includes Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Ayesha A. Malik, Justice Athar Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed and Justice Musarrat Hilali. Following the decisions the cameras of PTV were installed in the courtroom for the broadcast of the hearing live.
CJP Isa sets tone by shunning VIP protocol, withdrawing state vehicle ISLAMABAD
STAFF REPORT
In an unprecedented display of humility and a break from established traditions, the newly-sworn in Chief Justice of Pakistan (CJP), Justice Qazi Faez Isa, opted for a modest approach on Monday by shunning VIP protocol and withdrawing state vehicle. The new CJP Isa declined the customary privileges and honours that come with his high office, setting the tone of his career. Justice Isa eschewed the customary state vehicle and protocol that typically accompany the office. Instead, he arrived at the Supreme Court building today in his personal 1800cc car, breaking from the practices of his predecessors. Furthermore, he opted for standard security measures, consistent with those provided to other esteemed judges of the apex court, foregoing the VIP state protocol. Outside his office chamber, CJP Isa chose to be identified simply as ‘Justice Qazi Faez Isa,’ without
incorporating the title of Chief Justice, marking a unique departure from established tradition. Upon his arrival at the Supreme Court building, Chief Justice Isa received a warm reception from a considerable gathering of Supreme Court staff, who greeted him and presented him with a bouquet. During a brief address to the assembled staff, Justice Isa emphasised the role of the Supreme Court in resolving people’s problems and called upon the clerical staff to treat those who seek justice with the same hospitality and care one would offer guests in their homes. “People do not come to the Supreme Court happily, but they come here in an attempt to resolve their problems. Keep the doors of justice open and provide assistance to those who come seeking it,” stated CJP Isa. He also expressed his heartfelt gratitude to the staff and requested their cooperation in ensuring the fair dispensation of justice. “Thank you. I require your full cooperation. I will discuss this with you in greater detail,” Chief Justice Isa conveyed before proceeding to his chamber.
ISLAMABAD
The Foreign Office on Monday rejected a media report regarding the alleged sale of Pakistani weapons to Ukraine to get the International Monetary Fund (IMF) bailout package. A report published by The Intercept claimed that Islamabad reportedly engaged in ‘secret’ arms sales to the United States as part of a controversial bailout deal with the IMF earlier this year. The publication backed its claims by two sources with knowledge of the arrangement, saying that internal documents from both the Pakistani and American governments confirm the development.
“These arms sales were intended to supply the Ukrainian military, hence, forcing Pakistan to take a side in the Russia-Ukraine conflict,” it claimed. Responding to media queries regarding the issue, FO Spokesperson Mumtaz Zahra Baloch rejected the story as “baseless and fabricated”. “The IMF Standby Arrangement for Pakistan was successfully negotiated between Pakistan and the IMF to implement difficult but essential economic reforms. Giving any other colour to these negotiations is disingenuous,” she added. Baloch said that Pakistan maintains a policy of strict neutrality in the dispute between Ukraine and Russia and in that context, does not provide any arms and
ammunition to them. “Pakistan’s defence exports are al-
ways accompanied with strict end user requirements,” she concluded.
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LHC to frame contempt charges on top officials in Elahi case irfan.farooq@pakistantoday.com.pk
LAHORE
CONTINUED ON PAGE 03
FO bins ‘fabricated’ report on allegations of arms’ sale to Ukraine for IMF deal STAFF REPORT
IN TODAY’S ISSUE
STAFF REPORT
The Lahore High Court (LHC) on Monday fixed October 2 for framing charges on the investigations and operations DIG in a contempt plea after their replies, submitted in connection with the arrest of former chief minister Chaudhry Pervaiz Elahi, were rejected for being non-satisfactory. Justice Mirza Viqas Rauf also issued bailable arrest warrants for chief commissioner Islamabad, superintendent Attock jail, and non-bailable arrest warrants for inspector general police (IGP) Islamabad after they did not appear before the court despite a clear order to ensure their presence. Justice Rauf was hearing a plea filed by petitioner Qaisara Elahi, wife of Pervaiz Elahi, seeking initiation of contempt proceedings against the top officials and other relevant officers over allegedly disobeying LHC’s order that had restrained NAB, any other authority, agency, and office from arresting and detaining the former CM under any law relating to preventive detention. But shortly after Elahi’s release, the Islamabad police arrested him again when he was being taken to his residence under the supervision of the DIGs and additional registrar LHC. In previous proceedings, Justice Rauf following the non-appearance of IGP Islamabad had first issued bailable arrest warrants and now issued non-bailable arrest warrant. As proceedings commenced Monday, Justice Rauf asked where is IG Islamabad to which the law officer told the court that a reply had been received on his behalf but he did not attend owing to other commitments. Expressing his displeasure, Justice Rauf remarked that it seems the court’s orders are being taken “easy” and then directed the law officer to talk to IG Islamabad to know how he will attend the court proceedings. In the second phase of proceedings, petitioner Qaisara Elahi’s counsel argued that police officials had been directed by the LHC’s Justice Muhammad Amjad Rafiq to ensure Elahi safely reached his residence, however, Islamabad police violated the order and those officials who had been tasked to take Elahi safely to his residence did nothing except rendering a role of “silent spectators”. On the other hand, the law officer told the court that Islamabad police detained Elahi under 3MPO. Justice Rauf then issued bailable arrest warrants for chief commissioner Islamabad, superintendent Attock jail and non-bailable arrest warrant for Inspector General Police (IGP) Islamabad.
FBR plans crackdown against cash transactions in real estate g
BUYING REAL ESTATE WORTH MORE THAN RS 5MN USING CASH OR A BEARER CHEQUE WILL BE SUBJECT TO A PENALTY EQUAL TO 5% OF THE PROPERTY'S VALUE PROFIT
SHAHAB OMER
In another attempt to shore up tax collection and monitor money trails in the vastly untapped real estate sector, the Federal Board of Revenue (FBR) is taking steps to address the widespread use of cash transactions. Senior FBR officials have revealed their intention to implement strict penalties and improved monitoring measures to ensure compliance with these regulations. Back in 2019, an amendment, Section 75A, was introduced into the Income Tax Ordinance, 2001. This amendment stipulates that no individual should acquire immovable property with a fair market value exceeding Rs. 5,000,000, or any other asset valued at more than Rs. 1,000,000, except through the use of a crossed cheque issued by a bank, a crossed demand draft, a crossed pay order, or any other crossed banking instrument that substantiates the transfer of funds between bank accounts. In addition to their earlier information,
they also informed that the fair market value of immovable property will be determined either by the Board, as specified in subsection (4) of section 68, or by the provincial authority for stamp duty purposes – whichever amount is higher. However, if the transaction doesn’t adhere to the specific banking methods outlined earlier, there are significant implications: Firstly, individuals engaging in such transactions won’t be eligible to claim deduction. This means that deductions related to aspects like depreciation, initial allowance, intangibles, and pre-commencement expenditure will not be permitted for assets purchased outside of the specified banking channels. Secondly, any cash amount used for a purchase that should have been conducted through the prescribed banking channels, as mentioned previously, will not be considered as a cost when calculating any gains resulting from selling such an asset, as per the stipulations of section 76. Additionally, if someone buys real es-
tate worth more than five million rupees using cash or a bearer cheque, they’ll be subject to a penalty equal to 5% of the property’s value. This value will be determined either by the Board, as specified in subsection (4) of section 68, or by the provincial authority for stamp duty purposes, depending on which one is higher. The official also explained by giving example that if a person wants to buy a house worth 6 million Rupees. Instead of following the rule in Section 75A, the person decides to pay the seller in cash. In this case, the said person is violating Section 75A because he or she’s purchasing an immovable property worth more than 5 million Rupees using cash, which is not allowed under the law. The official also added that it’s a common practice for many of us to disregard these rules. This is because there are numerous property dealers involved in buying and selling properties who are neither registered nor fully aware of the laws. On the other hand, there is a prevailing preference among people
for cash purchases in real estate, especially for properties that cost less than ten million. “Discussions have taken place within
the board on several occasions regarding the need to penalize those engaging in such transactions. Now, a plan is being implemented in which property transactions in areas notified by the FBR will be closely monitored, and those who violate the rules will face penalties,” he concluded.