Full Judgment Text & Judicial Ruling

1989 M L D 3283

1989 M L D 3283

[Karachi]

Before Ajmal Mian, C. J. and Abdul Rahim Kazi, J

KAMARUDDIN FAKHRUDDIN VALIBHAI Petitioner

Versus

FEDERAL GOVERNMENT OF PAKISTAN and 2 others--Respondents

Constitution Petition No. D-1444 of 1979, heard on 8th March, 1989.

Constitution of Pakistan (1973)--

---Art. 199--Petitioner praying for payment of amount of loan to him after adjustment of alleged income-tax dues and release from attachment properties pursuant to alleged income tax claim--Committee appointed by the Government for the purpose .of assessing the amount was still processing the case- Government was directed to finalize the matter within four months and petitioner if aggrieved would have the right to approach the Court again.

Hassan A. Sheikh for Petitioner.

Agha Ansari, Zahiruddin Khan, Nasrullah Awan and Fakhruddin Farooqui for Respondents.

Date of hearing: 8th March, 1989.

JUDGMENT

AJMAL MIAN, C.J.--The petitioner by this petition has prayed for the following reliefs:

(a) That this Hon'ble Court may be pleased to direct and order the respondents to carry out, implement and give effect to the order/direction/approval of the President of Pakistan and Chief Martial Law Administrator as contained in Annexure "E" and determine the amount of loan repayable to the petitioner in accordance with the said order/direction/approval of the President and Chief Martial Law Administrator and to pay the amount of loan to the petitioner after adjustment of alleged income-tax dues amounting to Rs.1,90,00,000.

(b) That this Hon'ble Court be pleased to direct and order the Respondents to release the petitioner and his family's properties from attachment pursuant to the alleged income-tax claim against them amounting to Rs.1,90,000 only.

(c) Give grant or issue such other further direction/declaration as this Hon'ble Court may deem fit and proper in the circumstances of the case.

(d) Grant cost of this Petition.

It seems to be an admitted position that the Committee appointed by the Federal Government for the purpose of assessing the amount is processing the case. According to Mr. Hassan A. Sheikh, committee met on 1st March 1989 for that purpose. In our view, at this stage, it will be appropriate to direct the respondent No.1 to finalize the matter within a period of four months and in case the petitioner will be aggrieved he will have the right to approach the court again. We would, therefore, dispose of the above petition with the direction to respondent No.1 to finalize the matter within a period of four months from the date of receipt of certified copy of this order. Mr. Zaheer Khan Advocate who is appearing for respondent No.1 has also agreed to this. He will intimate also to respondent No.1.

The petition is disposed of in terms of the above orders.

M.A.K./K-149/K

Order accordingly.

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