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ISLAMABAD, Jan 14 (APP):The Federal Constitutional Court on Wednesday adjourned until Thursday,15 January, the hearing of a significant constitutional case concerning the imposition of super tax. The proceedings were conducted by a three-member bench headed by Chief Justice Amin-ud-Din Khan.
During the hearing, counsel for several companies, Barrister Farogh Naseem, presented detailed arguments and criticised what he described as an emerging mindset within the Federal Board of Revenue (FBR) that it may disregard judgments of the superior judiciary. He warned that such an approach posed a serious threat to the constitutional order.
He argued that the court must consider the interests of both the FBR and the taxpayers, noting that taxpayers were under such pressure that some were contemplating leaving the country. He added that, unlike global practice where taxes are announced before the start of a financial year, Pakistan often imposes taxes six months later, after companies have finalised their financial planning.
Barrister Naseem further stated that the court must also examine the issue in the context of the 26th and 27th Constitutional Amendments. Stressing the importance of judicial consistency, he said attempts were being made to overturn 75 years of legislation through the constitutional court, though he expressed confidence that the court would not undermine the decisions of the Supreme Court and high courts. Ignoring judicial precedents, he warned, could be more dangerous than public unrest involving thousands of people.
The counsel also criticised the stance of the FBR’s lawyer, Asma Hamid, saying it conveyed the impression that the FBR was not bound by decisions of the superior courts — a view he described as deeply concerning.
After hearing the arguments, the court adjourned the proceedings to 15 January, with Barrister Farogh Naseem scheduled to continue his submissions on Thursday.