CB ordering the transfer of pending appeals about super charge to SC

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The constitutional bench (CB) has ordered the transfer of pending appeals regarding the super tax in the high courts to the Supreme Court.

A constitutional bench of five members, led by justice Amin-out-Din Khan, heard the case related to super tax, where lawyers emphasized that appeals were pending in Lahore and Islamabad high courts.

The lawyer for private companies, Makhdoom Ali Khan, stated the court that the Supreme Court has the constitutional authority to transfer pending cases to themselves. He explained that after the constitutional amendment, the power to transfer cases is clearly outlined.

Justice Muhammad Ali Mazhar asked if a written request would be required for the transfer of cases that the lawyer replied that even an oral request from the court could be considered. He further added that, in his opinion, the court could also transfer the cases by practicing his Suo-Motu powers.

The transfer of cases will be investigated in the light of Article 187.

Makhdoom Ali Khan emphasized that the government cannot directly impose the super tax directly. Any tax must be justified and extraordinary circumstances must exist to impose a super tax. He also pointed out that the Supreme Court has declared in several decisions that further taxes were illegal, noting that the introduction of such taxes violates fundamental rights.

After the consultation, the constitutional bench ordered the transfer of the pending appeals in connection with the super tax from Islamabad and Lahore High Courts to the Supreme Court and postponed the hearing until tomorrow.

Previously, a constitutional bench of the point of point to appeal to a super tax that was imposed in the wake of a military operation was reconstituted on Monday, after one of the bench members Justice Aamer Farooq, who had heard the case, as a Supreme Court Judge repeated.

A five-member CB led by Justice Aminuddin Khan took the appeals filed by various organizations and individuals against a Supertax that the PML-N government had introduced in 2015 to generate funds for the accommodation of the people internally displaced due to Operation Zarb-A-AZB.

From the beginning, Justice Khan noted that a bench member, Justice Aamer Farooq, had heard the case as a judge at Islamabad High Court (IHC) and that CB should therefore be reconstituted.

During the consultation, CB rejected a request to postpone the hearing until after Ramazan and declared that the case would be heard on a daily basis.

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