Do elected MPs advocate for public issues, asks SC

ISLAMABAD: Justice Syed Hasan Azhar Rizvi on Thursday questioned as to whether parliamentarians who come through public votes ever proposed suggestions keeping public issues in mind.

A five-member Constitutional Bench, headed by Justice Aminuddin Khan, heard a case challenging Section 4B of the Income Tax Ordinance 2001 regarding the imposition of Super Tax. Other members of the bench were Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Rizvi and Justice Shahid Bilal Hasan.

Khalid Jawed, counsel for taxpayers, while commencing his arguments, argued that policy-making and tax collection are two different matters, adding that tax collectors come from the Federal Board of Revenue (FBR), which is responsible for collecting taxes, while policy-making is the job of Parliament.

“If I were a policymaker, I would consult experts to see whether a decision would benefit or harm the public,” Khalid Javed contended. At this, Justice Rizvi remarked that parliamentarians come through the public’s vote, so they should be aware of the public’s problems.

“Has any parliamentarian ever proposed suggestions considering public issues,” Justice Rizvi questioned.

He further questioned whether there is actual debate in the committees being referred to, or if bills are simply passed without discussion.

Khalid Javed responded that the National Assembly has never invited a tax expert to discuss the pros and cons of tax policies. He mentioned that the finance minister has expressed support for the Super Tax, but the kind of discussion that happens in a committee cannot happen in the National Assembly.

Justice Rizvi, however, reminded to the counsel that the same question was asked to the FBR’s lawyers, and they responded that experts from various chambers of commerce are invited.

The additional attorney general told the court that there are different committees, but what results come out of those committees has never been disclosed.

Justice Mazhar observed that, as a rule, expert opinions should be taken before imposing taxes. Justice Aminuddin questioned whether it is ever made clear how many people would be affected if a 10 percent tax is imposed.

Meanwhile, the court adjourned the hearing for today (Friday).