SC pleaded to wait for high court's verdict on GIDC case

ISLAMABAD: Khyber Pakhtunkhwa (KP) deputy advocate general has pleaded the Supreme Court (SC) to wait for the verdict of the Lahore High Court (LHC) over petition under proceeding related to Gas Infrastructure Development Cess (GIDC), ARY News reported on Tuesday.

A three-member bench of the apex court headed by Justice Musheer Alam comprising other SC judges including Justice Faisal Arab and Justice Mansoor Ali Shah heard the case related to the Gas Infrastructure Development Cess (GIDC) today.

The lawyer told the top court that the government is permitted for the imposition of any kind of tax but it needs to get the protection of federal legislative list for its implementation.

Read: PM withdraws GIDC ordinance, directs AG to approach apex court

The court questioned for what will be status of the legislation which is approved by both houses [Senate and National Assembly]?

The lawyer replied that the tax law will be illegal if it is implemented without the protection of federal legislative list and such cases are also pending in the Lahore High Court (LHC).

Justice Mansoor Ali Shah remarked that the Peshawar High Court (PHC) had not ruled for the illegitimacy of a levy tax in its verdict, however, the verdict of LHC is pending. Justice Shah remarked that any ruling from the top court will make the high court’s verdict ‘ineffective’.

Read: Supreme Court fixes GIDC case hearing on Oct 22

KP deputy advocate general pleaded the court to club all rulings in the GIDC case.

Justice Alam remarked, “Should we wait for the LHC’s verdict on GIDC [petitions]?” To this, Justice Arab said that the top court should give a verdict on this matter.

The lawyer further said that the court cannot give any ruling over the transactions which were closed in past, however, the SC can interpret the future of the legislation.

Later, the Supreme Court adjourned the hearing until next Tuesday (October 29).

Earlier on October 18, the Supreme Court of Pakistan had fixed hearing of the Gas Infrastructure Development Cess (GIDC) case on October 22.

Read: Govt moves SC over GIDC ordinance, seeks early hearing of related cases

A three-member bench of the apex court headed by Justice Musheer Alam will hear the GIDC case on Tuesday, Oct 22. Justice Faisal Arab and Justice Mansoor Ali Shah will be other members of the bench.

The court’s registrar office has issued notices to Attorney General and other parties in the case.

The federal government had moved to the Supreme Court over Gas Infrastructure Development Cess ordinance and sought early hearing of the case.

Following the directives of the Prime Minister Imran Khan, Attorney General had filed a petition at the top court’s registrar office which sought immediate hearing of the GIDC case.

It is pertinent to mention here that Prime Minister Imran Khan had decided to withdraw the GIDC ordinance on September 04 in view of the controversy surrounding the law that allowed to waive off Rs210 billions of Gas Infrastructure Development Cess (GIDC).