ISLAMABAD  -  The Constitutional Bench of Supreme Court Tuesday disposed of the petitions related to maintaining foreign accounts and properties by Pakistanis without disclosing the same/paying taxes.

A six-member bench headed by Justice Amin-ud-Din and comprising Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan conducted hearing of multiple cases. During the proceeding of foreign accounts case, Justice Mandokhail questioned whether the FBR had traced the accounts and properties held by Pakistanis abroad? Justice Amin observed that after tracing the individuals the relevant authority has to recover the money.

Hafiz Ehsaan Khokhar, appearing on behalf of FBR, informed that the FBR implemented key recommendations of the Committee to trace and bring back money to Pakistani bank accounts. He submitted that so far the FBR has recovered Rs880 million, adding the department is still recovering the money from the persons holding properties and bank accounts abroad.

The court bench on November 15, 2024 had directed the FBR to file a report stating that the orders passed by the Supreme Court from time to time have been complied with.

The counsel highlighted that several amendments were introduced in Income Tax Ordinance 2001 on the subjects of foreign assets declaration through filling independent wealth statements and remittances received more than one million in a year.

COURT SERVES NOTICE ON INTERIOR MINISTRY, APP IN MISSING PERSONS CASE

In the missing persons’ case, the bench issued notices to the interior minister, the Attorney General of Pakistan, and other parties and sought reports from all relevant institutions. In October 2023, senior lawyer Aitzaz Ahsan filed a constitutional petition in the SC to “challenge the illegal and unlawful practice of enforced disappearances”. A month later, the SC returned the petition for being an “individual grievance” and “not raising any question of public importance”.

In January, the SC had directed the Commission of Inquiry on Enforced Disappearances to submit a “comprehensive report” on missing persons, along with the details of all production orders issued.

Advocates Latif Khosa and Faisal Siddiqui appeared on behalf of the petitioner, Ahsan. Justice Mandokhail remarked that the issue should be resolved by calling a general or joint session of parliament. “The court has recognized parliament as supreme; parliament should prove itself to be supreme,” he said.

He add-ed, “In my opinion, the missing persons issue is an extremely important one.”

He continued: “Missing persons’ cases are being heard in the high courts and SC, people’s lives are at stake, thousands are missing, [and] senior senators like Latif Khosa and Aitzaz Ahsan are standing here. Parliament needs to find a solution to this.”

Deputy Attorney General Javed Iqbal Younis informed that the missing persons case was discussed in the cabinet a day before. “The cabinet has formed a sub-committee, which will present its recommendations to the cabinet. The government wants to finally solve the missing persons issue,” he said.

Justice Mandokhail remarked that the issue of missing persons would not be solved through rhetoric alone. Justice Mazhar questioned how many recoveries the Enforced Disappearances Commission had made till now.

Justice Hassan inquired if the commission had information on who enforceably disappeared the people. “The missing people who have returned, what have they said? Who picked them up and took them away?” he added.

Justice Mandokhail remarked: “Missing persons who return don’t say anything, they say that they went for a vacation to the Northern Areas.”

Latif Khosa said that the country had become a deep state, upon which Justice Mandokhail stopped him from speaking and told him to refrain from discussing politics in the court.

Advocate Khosa then asked whether the missing persons issue should be re-solved like the 26th Constitutional Amendment. Justice Mandokhel responded that 26thAmendment would be seen in due course.

Khosa said that most of the missing persons cases were from Balochistan, to which Justice Mandokhel said that the people and court were looking towards parliamentarians to resolve the issue. Upon that Ahsan said that parliament “does not have judicial powers.”

Justice Hilali then addressed Advocate Khosa and inquired whether PTI workers had enforceably disappeared, which he affirmed. She asked whether they dis-closed who picked them up, to which Khosa replied that their children would also be taken away.

Advocate Siddiqui noted that people’s loved ones have been missing for 10, to 20 years. He said, “At the previous hearing, the court gave an order related to missing persons, today the bench cannot find that order.” “The missing persons order has also gone missing,” Justice Rizvi quipped.

Justice Naeem narrated an incident in which 25 lawyers appeared in a case of missing persons in Balochistan. Missing persons returned home on the orders of the Balochistan High Court, which also ordered the returned individuals to appear in court.

He added that after returning, those people never appeared in any judicial forum to record their statement. One of the purposes of recording their statement was that if the army is involved, then [General Headquarters] should be written to for a court martial.

Later, the bench deferred hearing of the case till the next week.