KARACHI, Oct 16 The Sindh High Court on Friday stayed the recovery of the infrastructure tax imposed by the City District Government Karachi.
A division bench comprising Justices Gulzar Ahmed and Irfan Saadat Khan was hearing a petition against the imposition of the infrastructure tax.
The levy was challenged by Pasban, a non-governmental organisation, through its chief Syed Ashraf Hussain, who submitted that the imposition of the infrastructure tax was unjust and there was no provision in the Sindh Local Government Ordinance, 2001 for such a tax.
A law officer of the Sindh government on Friday informed the court that the imposition of the infrastructure tax had earlier been challenged by a large number of parties and subsequently decided by this court, and now the matter was pending before the Supreme Court.
However, the petitioner's counsel, Advocate Abdul Waheed, submitted in the court that the CDGK appeared to have levied another infrastructure tax and was sending bills to the citizens. He argued that no law was available on the statue books for charging an infrastructure tax by the CDGK.
The counsel contended that the issuance of bills by the city government's executive director for finance was contrary to law.
No one appeared on behalf of the CDGK.
The bench after hearing the submissions of the government's law officer and the petitioner's counsel fixed the matter for Nov 3 and stayed the recovery of the infrastructure tax till the next hearing.
The bench also put the CDGK's executive director for finance on a fresh notice.
According to the petitioner, no extra taxes would require to be levied if the existing taxes are collected honestly and efficiently.
He submitted in his petition that the general public was already going through a severe economic crisis, and the government should not impose additional taxes.
It may be recalled that the CDGK and the Sindh government were put on notices early this month by the Sindh High Court in an identical petition challenging the utility charges for municipal services.
The petitioners, Mateen Ahmed of the Human Rights Group of Pakistan and others, submitted before a division bench that the CDGK had introduced the utility bill for municipal services in April 2009 and imposed a monthly levy of Re1 on per square feet of flats and Rs3.75 on per square feet on residential premises (houses).
They stated that the levy was illegal as a “sewerage tax” was being charged after getting it merged in the “water tax” along with conservancy and fire charges.
The petitioners, represented by Advocate Naveed Ahmed Khan, submitted that the charges under the bill in question were much higher than the previous taxes, while CDGK efficiency had not seen a corresponding improvement.
They prayed to the court to declare the utility bill for municipal services void, illegal and unconstitutional and direct the respondents to withdraw it.
The petitioner further prayed to the court to direct the city and the provincial governments to return and repay all the money received by them through the bills for a period from January to March 2009.
Notices issued in free-will couple's petition
The Sindh High Court on Friday put police officials and others on pre-admission notices in a petition of a free-will couple seeking protection from the family members of one of the petitioners.
The petitioners - Hashma, daughter of Muhammed Ayub, and her husband, Muhammed Akhtar, son of Abdul Khaliq - are cousins and they got married against the wishes of the woman's father and brothers.
They submitted in the court that they had been engaged since their childhood and later their Nikah was solemnised on Aug 24, 2000 at their hometown in Rahim Yar Khan.
Muhammed Akhtar submitted that his father-in-law and brothers-in-law later asked him to dissolve the marriage as they wanted to marry Hashma to someone else.
Hashma submitted that her father and brothers tortured her mentally and physically when she refused to get a divorce.
The petitioners stated that they decided to take legal protection from the court and they got Tajdeed-i-Nikah through the free-will of Hashma.
They said that they sent a letter of intimation to the police seeking their protection.
The petitioners prayed to the court to order the police for protection of their life, liberty and honour.
They also prayed to the court for the registration of an FIR against Hashma's father, and her brothers — Mohammed Allah Bux, Mohammed Ismail and Mohammed Khalil — for extending threats of dire consequences.
A division bench comprising acting Chief Justice Mushir Alam and Justice Aqeel Ahmed Abbasi issued notices to the father and brothers of Hashma and the home secretary, the Jamshed Town police officer and the SHOs of Ferozeabad and Jamshed Quarters police stations and adjourned the hearing till Oct 23.