Latest news with #AbbottabadBench
Express Tribune
03-07-2025
- Politics
- Express Tribune
PHC suspends ACB's tax powers
The Abbottabad Bench of the Peshawar High Court (PHC) has granted an interim relief to a group of property owners in connection with a petition challenging the Abbottabad Cantonment Board (ACB) to levy and collect property tax, restraining the Board from sealing the petitioners' properties and collecting property tax. A constitutional writ petition was filed in the PHC's Abbottabad Bench on January 24, 2024, on behalf of a group of property owners. Lawyer Hashim Iqbal Jadoon filed the petition before on behalf of a group of property owners. The petition challenged the Abbottabad Cantonment Board (ACB)'s authority to levy and collect property tax, arguing that such taxation powers were unconstitutional and beyond the legislative competence of the Board. The legal foundation of the challenge rested on the interpretation of Entry No 50 of the Federal Legislative List (FLL), which reserves taxation on immovable property to provincial legislatures. The petitioners contended that the ACB, being a federal entity, had no constitutional mandate to levy such taxes, especially after the 18th Constitutional Amendment which devolved key taxation powers to the provinces. However, the situation took a turn when the 26th Constitutional Amendment was passed in October 2024. This amendment added the phrase "local taxes, fees, cess, charges, tolls in such areas" to Entry No 2 of the FLL, leading to confusion and widespread concern that cantonment boards now had the constitutional authority to impose property tax. In response, Advocate Hashim Iqbal Jadoon once again led the legal charge, filing a fresh constitutional petition (WP No 1266-A/2024) on behalf of the residents of Abbottabad Cantonment. He argued that despite the new wording, the 26th Amendment didn't override Entry No 50 and that only provincial governments could constitutionally impose property taxes. The petition challenged the vires and interpretation of the 26th Amendment and its impact on legislative competence. In a landmark development, the PHC once again granted interim relief to the petitioners on July 2. This stay order reaffirmed the constitutional argument that federal bodies like cantonments couldn't usurp taxation powers reserved for the provinces under the constitutional framework. This case is likely to shape the future of tax jurisdiction in Pakistan and may have nationwide implications for thousands of residents living in cantonment areas.
Express Tribune
03-06-2025
- Politics
- Express Tribune
Court bans Thandiani, Taxila crushers
The Abbottabad Bench of the Peshawar High Court (PHC) has issued a landmark 31-page judgment, declaring the stone crushing plants on Thandiani Road and Taxila illegal and ordering their permanent closure. In its detailed verdict, PHC noted that the NOCs (No Objection Certificates) obtained by the stone crushing plant operators from various government officials held no legal validity. Previously, the Environmental Protection Tribunal, which holds monthly sessions at the Sessions Court Building in Abbottabad, had also ordered the closure of these stone crushing plants for damaging the environment and air quality. However, the plant owners managed to continue their operations by appeasing the police and the Environmental Protection Agency (EPA). Challenging the Environmental Tribunal's decision, the stone crushing plant owners filed writ petitions at the Abbottabad Bench of PHC through their lawyers, including Nasir Aslam and Zafar Iqbal. PHC rejected these petitions and ordered the permanent closure of all stone crushing plants causing environmental harm near residential areas. This public-interest historic ruling was achieved largely through the efforts of young lawyer Hashim Iqbal Khan Jadoon, who was educated and trained in Canada.
Express Tribune
17-04-2025
- Politics
- Express Tribune
Court questions dismissal of prison staff
The Peshawar High Court (PHC)'s Abbottabad Bench on Thursday sought comments from the Secretary Home and Tribal Affairs Khyber-Pakhtunkhwa (K-P) and the Inspector General of Prison within a fortnight regarding removal of 58 employees of the Prison department. The court was hearing a writ petition challenging the removal of 58 employees of Prison department under the Khyber-Pakhtunkhwa Employees (Removal from Service) Act 2025. The terminated employees who were appointed as Warders in BPS-07 under the prioritised quota of ex-service men, claim their removal from service is against the law and fundamental rights guaranteed under Articles 18 and 25 of the Constitution. Umman Ayub Advocate, on behalf of the petitioners, argued that the impugned Act and notifications issued by the respondents are arbitrary, fanciful, and perverse, and liable to be struck down. The court directed the Secretary Home and Tribal Affairs and IG Prisons to submit their comments within a fortnight and clubbed the case with W P No326-A/2025 and adjourned to a later date, with notices issued to the respondents.
