Supreme Court’s Constitutional Bench Disposes of Suo Motu Case Regarding Foreign Accounts
Asking for directions against the UN Secretary-General Ban Ki-moon is no longer in office. Supreme Court
ISLAMABAD ( WEB NEWS )
The Constitutional Bench of the Supreme Court of Pakistan has disposed of the suo motu case regarding the possession of foreign accounts by Pakistani citizens, which were not declared and were not taxed. The bench, headed by Justice Aminuddin Khan, remarked that the relevant departments should carry out their work. Justice Jamal Khan Mandokhail remarked that it is unclear how people file such petitions, with some even asking for directions against the UN Secretary-General Ban Ki-moon. Justice Syed Hassan Azhar Rizvi pointed out that Ban Ki-moon is no longer in office.
The six-member Constitutional Bench, comprising Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hassan Azhar Rizvi, Justice Musarrat Hilali, and Justice Naeem Akhtar Afghan, heard the suo motu case initiated in 2018 regarding foreign accounts held by Pakistani citizens without declaration and taxation, as well as a petition filed in 2011 by former federal minister of information and broadcasting, Senator Muhammad Ali Durrani, regarding the recovery of embezzled funds. The petition named the Federal Government of Pakistan and others as respondents.
During the hearing, lawyers for the Federal Board of Revenue (FBR), including Hafiz Ehsan Ahmad Khokhar, appeared in court. Justice Jamal Khan Mandokhail suggested that if anyone identifies a foreign account, the government should act on it. The bench’s head, Justice Aminuddin Khan, also stated that the FBR should do its work. Hafiz Ehsan Khokhar informed the court that by November 22, 2024, decisions had been made in 150 cases, while 2,532 cases remained pending. He also mentioned that the FBR had recovered over 88 crore rupees and necessary legislation had been made on the matter.
Justice Jamal Khan Mandokhail remarked that if the situation was difficult, the matter could be referred to Parliament for legislation. Hafiz Ehsan Khokhar clarified that the recoveries were made through the FBR’s efforts. Justice Syed Hassan Azhar Rizvi asked whether the decisions made in these cases were based on technical grounds or on merit, to which Hafiz Ehsan Khokhar responded that they were based on merit. Justice Rizvi also inquired whether the recovery was due to the FBR’s efforts or voluntary tax payments, and Khokhar confirmed that the recovery was due to the FBR’s efforts.
During the hearing, Muhammad Ali Durrani’s lawyer appeared via video link from the Supreme Court Lahore Registry. Justice Aminuddin Khan remarked that the advocate on record (AOR) for Durrani had withdrawn the power of attorney and stated that he had no contact with Muhammad Ali Durrani, and that the petition was therefore dismissed. Justice Jamal Khan Mandokhail asked what Durrani’s lawyer was seeking, and also commented that it was unclear how people file such petitions, noting that some were even asking for directions against the former UN Secretary-General, Ban Ki-moon. Justice Syed Hassan Azhar Rizvi added that Ban Ki-moon is no longer in office.
In conclusion, Justice Aminuddin Khan, while drafting the ruling, stated that the court’s orders had been implemented and that the FBR had submitted a comprehensive report. Over 88 crore rupees had been recovered, and the case was disposed of.