January 15, 2008	Tuesday	Muharram 05, 1429

KARACHI, Jan 14: The Sindh High Court on Monday barred the National Accountability Bureau (NAB) from proceeding against the director of a jewellers’ firm for the alleged non-payment of taxes.

Petitioner Mohammed Kamran Khan of Tessori Trading Company (Pvt) Limited approached the court against a NAB notice alleging that the firm had imported a huge quantity of gold for making ornaments for re-export, but had utilised one-third of it within 60 days of the import, thereby violating the stipulation contained in the relevant notification for tax rebate.

Through former attorney-general Makhdoom Ali Khan, the petitioner submitted that the bureau had nothing to do with the assessment of tax liability. Therefore, the NAB demand and an earlier order of an accountability court in favour of the bureau inquiry should be declared unlawful.

Deputy attorney-general Rizwan Ahmed Siddiqui and NAB counsel Ainuddin Khan submitted that while the bureau had no authority to issue a demand notice, it could probe tax evasion.

Allowing the petition by a short order, a division bench comprising Chief Justice Mohammed Afzal Soomro and Justice Farrukh Zia Shaikh said: “The demand of duty and taxes as per the impugned letter dated 19.12.2006 issued by respondent No 2 (NAB) and the order dated 17.11.2005 of the accountability court are declared to be illegal, arbitrary and without any lawful authority. Further proceedings by NAB in the matter are prohibited. The nazir of the court is directed to return the passport of the petitioner and discharge the security furnished by him forthwith.”

Court disposes of Benazir petition

Meanwhile, the SHC also disposed of as abated a petition moved by the late PPP chairperson Benazir Bhutto for membership to the National Assembly.

The petition was initially filed in October 2002, when the returning officer of Larkana rejected Ms Bhutto’s nomination papers for a National Assembly seat. An amended petition was moved in October 2007 on the eve of her return by her attorney, advocate Farooq H. Naek. The petition said that after the promulgation of the National Reconciliation Ordinance, Section 31-A of the National Accountability Bureau Ordinance had been repealed and Ms Bhutto could straightaway be declared elected to one of the seats reserved for women from her party’s quota. The provision sanctioned sentence in absentia for the failure of an accused to appear before an accountability court.

The petition came up before a five-member bench comprised of Chief Justice Soomro and Justices Munib Ahmed Khan, Mrs Qaiser Iqbal, Nadeem Azhar Siddiqui and Rana Mohammed Shamim. The bench was inclined to dispose of the petition on the earlier date of hearing before December 27 but after the dissolution of the National Assembly in view of the Supreme Court judgment in Aftab Ahmed Khan Sherpao’s case nullifying conviction and disqualification under Section 31-A of the NAB Ordinance. Advocate Adnan Karim had sought adjournment on behalf of Mr Naek.

As the proceedings commenced on Monday, the bench recorded the statements of advocates Kamal Azfar, Khalid Jawed Khan and Adnan Karim that Ms Bhutto had been assassinated and that the petition has abated. An order was passed accordingly.

‘Rioters’ sent to jail custody

The SHC administrative judge for anti-terrorism courts refused the remand of five alleged rioters in a fresh case after the expiry of their remand in police custody.

Sanaullah, Naeem Abdul Sami, Salim, Asim Hussain and Wasi Zafar were instead entrusted to jail custody by Justice Khwaja Naveed Ahmed. They were produced by Bin Qasim and Steel Town police.

Ramzan of Steel Town, who was allegedly involved in the looting of a bank branch, was remanded in physical custody until Jan 21. The police informed the judge that four accused persons belonging to Steel Town, Syed Ali, Naek Mohammed, Ali Ahmad and Ghulam, have since been charge-sheeted.

NGO fined

Meanwhile, the SHC imposed costs amounting to Rs50,000 on a non-governmental organisation for filing a writ petition without ascertaining facts.

The amount is to be deposited by the Association for the Rights of Karachiites with the nazir of the court within seven days as a donation to the SHC Employees Welfare Fund, a division bench comprising Justices Munib Ahmed Khan and Syed Pir Ali Shah ordered.

In its petition, the NGO had alleged that a three-storied commercial complex was being raised on plot C-218, Block 4 of the Karachi Administration Employees Cooperative Housing Society in violation of the building plan sanctioned by the Karachi Building Control Authority and of the provisions of the Sindh Building Control Ordinance and the Karachi Building and Town Planning Regulations. The KBCA was taking no action against the delinquent builder and developer and some of its officials were, in fact, abetting the offender, alleged the NGO.

In response to a court notice, the KBCA submitted through its counsel, Shahid Jamil Khan, that no violation of the plan or of the regulations was involved. A ground-plus-two-floor design for a residential bungalow was approved for the plot and the construction was proceeding in accordance with the plan. A temporary shed had been erected for construction workers, which would be dismantled after the completion of work. Compulsory open space had been left uncovered as required, he said.

The counsel said that the petition was misleading and frivolous, and that the petitioner had not bothered to visit the site. It had wasted not only the time of an overworked organisation but also of the high court. The petition, therefore, merited dismissal with costs to discourage frivolous litigation, he submitted.