KARACHI: The Sindh High Court on Friday expressed resentment with the Federal Board of Revenue (FBR) for not proceeding with over 100 identical petitions causing a delay in the timely disposal of such cases pending since 2019. 

A two-judge bench headed by Justice Muhammad Junaid Ghaffar said it appeared that no positive efforts were forthcoming on the part of the FBR. It directed the office to send the order to the FBR chairman, member-inland revenue (operations) and member-legal. 

The bench was hearing over 100 petitions in respect of Section 65B (tax credit for investment) of the Income Tax Ordinance challenging amendments and contending that through such amendments the incentives granted to the petitioners had been unilaterally withdrawn despite being assured of a fixed period. 

The bench in its order observed that such petitions were pending since 2019, but no comments had been filed in most of the petitions. 

The arguments were made by the lawyers for the petitioners in November last and since then these matters are pending as no one proceeded on the part of the department concerned, it added. 

The bench further said that today, the deputy commissioner-inland revenue, Abdul Qadeer, turned up for the first time and when confronted he submitted that he was not in a position to proceed or assist in any manner and requested for time despite the fact that there were restraining orders against the department concerned. 

The court orders health secretary to constitute a medical board to examine a man injured in an encounter

“We may observe that this bench has been constituted by the Hon’ble chief justice to deicide tax matters, wherein stay orders are operating for more than six months, however despite our best efforts, it is the department (in majority of cases) which is causing delay and is impediment in early disposal of such cases,” it added. 

In its earlier order passed in November, the bench had also observed that the relevant departments of FBR were neither vigilant in pursuing these matters nor any departmental representative (DR) was in attendance on a permanent basis. 

It has also been noticed that the inland revenue department has engaged more than one counsel in the cases based on identical facts and legal issues and due to the absence of anyone of them the matters were continuously adjourned, whereas no timely comments were filed nor the lawyers were ready to proceed despite the directions of court, it added. 

Medical board 

The SHC has directed the health secretary to constitute a medical board to examine a man who sustained serious injuries during an alleged staged encounter in Hyderabad in 2015. 

The bench headed by Justice Naimatullah Phulpoto said that the medical board would determine whether or not Dr Deepak Raj can be treated in the country. 

The wife of Dr Raj had moved the SHC in 2016 stating that her husband had received serious injuries during the alleged encounter with police and one of his legs was amputated and the other sustained multiple fractures and right hand was also completely paralysed. 

However, the police alleged that the doctor was a criminal and he was known as Sharif alias Deepak alias Doctor.  

Published in Dawn, February 20th, 2021