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Govt closing CNG stations indefinitely to please fertiliser sector

Unemployment, massive public protests feared

CJP asked to stop govt from usurping rights of masses

 

Islamabad: [March 05]

The Pakistan Economy Watch (PEW) on Monday said government has decided to close CNG stations in Punjab indefinitely to please the fertiliser sector.

 

Unplanned measures of authorities will leave tens of thousands unemployed and ignite massive unrest, it said.

 

Chief Justice of the Supreme Court should take immediate notice of the illegal and unjustified decision to safeguard the basic right of the masses, said Dr. Murtaza Mughal, President PEW.

 

He said that government has targeted the province of Punjab where many CNG stations have been closed to provide gas to influential fertilizer sector.

 

Connections of 50 filling stations in the Pothohar region were disconnected on Monday despite the fact that many had acquired stay orders from courts of law.

 

Directives have been issued to disconnect the remaining stations as soon as possible, at any cost.

 

Dr. Murtaza Mughal informed that earlier, SNGPL issued notices to all 3500 CNG stations on March 3 through biggest courier company of country citing inability to provide gas anymore.

 

He said that before March 2008 gas companies used to sign contract with filling stations for supply of gas for 12 months. However, after 2008 agreements were signed for supply of gas for nine months. There was no mention of any load management in the agreements.

 

The move of the government will close 70 per cent CNG stations while remaining would be closed within.

 

Not a single CNG association has been taken on board before this controversial decision, he said, said Malik Khuda Baksh, Chairman and President of CNG Station Owners Association of Pakistan.

 

Majority of the CNG stations have already remained closed for three days a week, which make per year closure to around five months, he said.

 

He informed that he is rushing to Islamabad to finalise strategy with comrades to counter the move.

 

 

 

 

 

 

 .

--

Dr. Murtaza Mughal

Cell:  0321-5157671

President Pakistan Economy Watch

www.pakistaneconomywatch.com


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Dear Tariq sahib
 
Please widely circulate the attached one.
 
Regards,
 
DR. IKRAMUL HAQ
Advocate Supreme Court
International Tax Counsel
 
Huzaima & Ikram
www.huzaimaikram.com
167 G/I, Johar Town | Lahore -54770 | Pakistan |
D: +92 42 3530 4420
C: +92 (0) 300 849 6205
T: +92 42 3530 0721
F: +92 42 3531 0721
E: Ikram@huzaimaikram.com

Quality Tax Advice, Globally
www.taxand.com

http://jang.com.pk/thenews/feb2012-weekly/nos-26-02-2012/pol1.htm#1

governance 

A call for reforms 

Taxes should be imposed through a proper consultation method, preferably through the parliamentary process 

By Huzaima Bukhari and Dr. Ikramul Haq

Every civilised society respects and adheres to the cardinal principle that one should not be forced to pay a tax imposed by a government without having the opportunity to vote for or against the tax measure, either directly, or through elected representatives.

The present democratic government, like its predecessors, has not respected during its four years the demand of people for evolving an equitable tax system. Since the exit of Musharraf, the elected government has imposed a number of new tax obligations in violation of the well-established rule "no taxation without representation".

The legislative work related to levying taxes is exercised exclusively by the Federal Board of Revenue (FBR) and the parliament just acts as a rubber stamp. The result is that FBR has failed to collect actual tax potential — which is not less than Rs. 6-8 trillion — and also destroying trade and business growth with its irrational and oppressive tax policies.

Tax system is one of the fundamental elements of a constitutional democracy. The important questions such as who is to be taxed, how much and for what purposes, are essentially political questions. These kinds of questions are always resolved through a political process.  How tax obligations are to be imposed, administered and enforced are constitutional questions. The imposition, administration and enforcement of taxes raises problems about the rule of law, proper division of powers, the role of judiciary and so on.

Since the imposition and administration of taxes is a purely constitutional issue, it cannot and should not, be tackled by an executive branch of the government — in our case by the FBR.

Political process for the establishment and reinforcement of a constitutional democracy and democratisation of society has always been destroyed in Pakistan both by military and civilian regimes. The present regime, on assumption of power, instead of taking strict and firm actions against tax evaders and wealth plunderers started protecting them.

Many top politicians, including beneficiaries of the infamous National Reconciliation Ordinance, wanted to safeguard their financial empires inside and outside Pakistan.

The FBR remains busy, shifting the tax burden on the common people and protecting the interests of the rich and mighty. They portray common citizens as tax evaders although everybody having a mobile phone is paying 10% as income tax on each recharge. The real culprits are the rich classes that do not pay taxes according to their ability and for whom the FBR has crafted presumptive and minimum tax regimes so that they can pass on their burden of taxes on the end users.

Tax bureaucracy provides unprecedented help to tax evaders through tax amnesty schemes, one permanently available in the form of section 111(4) of the Income Tax Ordinance, 2001. The much-publicised process of accountability is also a farce. Pay us and go home is the modus operandi of National Accountability Bureau (NAB).

Had the FBR and NAB played their role properly, we would have seen prosecution and confiscation of property of tax evaders and the plunderers of national wealth. On the contrary, even the Prime Minister of the country is ready to be convicted rather than writing a letter to Swiss authorities requesting return of the country's looted wealth. Had the asset-seizure legislation been passed and implemented, by this time the State exchequer would have been credited with billions of much needed extra money.

The present regime has also proved to be yet another advocate of status quo and not a force capable of altering the fate of the poor. The present regime is vigorously imposing new tax obligations for funding their luxuries, depriving the common man of food, health, education and drinking water etc.

Taxes should be imposed through a proper consultation method, preferably through the parliamentary process, rather than through administrative discretion. The government has been forcing the President to keep on issuing badly drafted ordinances prepared by incompetent officials of FBR without any contribution of the Cabinet, let alone eliciting public opinion or expert professional advice.

The excessive use of administrative discretion and delegation of legislative authority to tax bureaucracy has destroyed the entire tax system of the country. The tax bureaucrats sitting in FBR have been playing havoc with the tax laws by vehemently issuing Statutory Regulatory Orders (SROs) and administrative instructions. The SRO culture continues unabated even by democratic governments in order to serve financial interests of cartels and impose all kinds of oppressive, anti-people tax laws as well as introduce recovery measures through administrative instructions.

Tax administrative authorities should be given powers to deal with tax evasion and avoidance, but this kind of broad administrative discretion to alter the law passed by the parliament is unconstitutional. It violates Article 162 of the Constitution and negates the principle of the Rule of Law. Tax system and tax laws should be framed and enacted through a democratic process and once they are passed, properly implemented by the tax administration.

All the segments of society should adhere to the rule that nobody is above the law. In Pakistan, these laws are meant only for the helpless, whereas the mighty and the privileged classes resort to open defiance of law.

No tax should be imposed unless the government has actually exercised the legal power to impose it. In some countries such as France and Belgium, this "right" to choose untaxed alternatives is understood in constitutional rules enjoining the strict interpretation of law.

There exists a serious danger in today's Pakistan that the very legitimacy of the taxation system may be destroyed, if not ultimately, the legitimacy of the government. Oppressive tax measures are not a basis for good governance. The fragile trust between citizens and the rulers, professionals and their clients, employers and employees is easily destroyed, as is the tenuous social solidarity between groups at different levels of society.— A Freiberg Ripple From the Bottom of the Harbour: Some Social Ramifications of Taxation Fraud (1988) 12 Criminal Law Journal 136, at 158.

The present regime must understand that Rule of Law in the context of tax requires that taxation must include not just the safety of the individual against unlawful actions of fiscal authorities, but also assurance of the loyal taxpayer that he is not abused and taken for a ride, whereas smarter people get away with tax avoidance/amnesty schemes.

We will never achieve stability if our political, legal and financial institutions remain threatened by those having money power. These basic institutions and the associated value structures should be properly safeguarded, as these are in fact, public capital and the social infrastructure of liberal democratic society.

If the political leadership wants to protect the interests of citizens, it must pave the way for reform of democratic institutions without which instability will deepen. There is a genuine apprehension that any further disintegration of our political, legal and financial institutions may culminate into a complete disaster.

 ______________________________________________________________

The writers, tax lawyers, are Adjunct Professors at Lahore University of Management Sciences (LUMS)

--
Tariq Khattak
Editor Pakistan Media Group,
Columnist, Analyst, Consultant,
Editor Commerce, Pakistan Observer,
Ali Akbar House, G-8 Markaz, Islamabad.
Phone. 051-2852027/8. Fax 051-2262258.
GSM: 0300-9599007 AND 0333-9599007

 

"Jingle Bell" narrative on Kashmir

Dr. Syed Nazir Gilani

Simon Danczuk, Labour Member of Parliament from Rochdale and member of  All Party Parliamentary Group for Kashmir in the House of Commons, Senge Hasnan Sering, President Institute for Gilgit Baltistan Studies  USA, Ali Adaalat,  Executive Director International Pahari Literary Society  UK, and Mumtaz Khan, Executive Director International Center for Peace and Democracy, Canada organised a seminar titled "India Pakistan Peace Process : The Way Forward" on 28 February 2012 in the Grand Committee Room in the House of Commons in London.

 As one of the Panellists, a Kashmiri, a British and a common friend to all the three Kashmiri organisers, I had a special reason to attend and participate. Others on the Panel were Lord Qurban Hussain (Liberal Democrats), Andrew Stephenson MP (Conservative) from Nelson and member of All Party Parliamentary Group for Kashmir in the House of Commons and Yasmin Qureshi MP (Labour) from Bolton.

It was exactly after 16 years and 7 months that I found myself sharing a political platform with Lord Qurban Hussain in the House of Commons. Last time when I shared a political platform with him was at Luton Town Hall when Lord Mayor of Luton Councillor Mohammed Ashraf had organised a conference of Kashmiri Intellectuals on 27 August 1995. I had chaired Group D of this conference and was elected a member of eight member 'Kashmir Policy Group'.

Chaudhry Qurban Hussain (a local councillor at that time) was elected as one of the eight members of 'Kashmir Policy Group' and appointed as the Rapporteur of the conference. His last communication with me was when he wrote on 2 July 1997 informing that "the report of the Kashmiri Intellectuals Conference held on 27.8.95 has been published now….I am also being asked to call the meeting of the Kashmir Policy Group on Sunday the 14th of July 1996 at 12.00 at the Luton Town Hall".

Earlier in the morning and a day before I had two phone calls advising me to stay away from the Conference because it was being organised by pro Indian lobby. The two phone calls reminded me of a similar situation when  a similar conference titled "Next Step in Jammu and Kashmir : Give Peace A Chance" was organised  on 25-26 November, at Bristol Hotel, Gurgaon, Haryana  by the Institute of Regional Studies, Pakistan (Director Brig. Bashir Ahmad) and International Centre for Peace Initiatives, India (Director Sundeep Waslekar). The Gurgaon Conference among many other Kashmiri leaders was also attended by Yasin Malik chief of JKLF as a constituent of united Hurriyat and by Mansoor Ijaz the lead character in the Memogate Scandal in Pakistan. He attended the conference as Founder and Chairman of Crescent Investment Management USA. 

On my way to the Grand Committee Room in the House of Commons, I continued to wrestle with the merits of the advice that I should not attend a conference which had been organised by pro India lobby. I have known Mumtaz Khan from our student days in Karachi and his contribution to "Maqbool Bhatt Bachao Committee", participation in the first political protest in Sindh (Karachi) held during the Zia's Martial Law and his hunger strike till death in support of the rights of the Kashmiri students studying in various professional and non-professional colleges in Sindh, stand out as a massive contribution to the best interests of Kashmiri people. He has continued to battle for the common cause of the people at the UN Human Rights Commission (UN HRC) in Geneva and at other platforms. It may not be known to many that he is a civil engineer by profession and the son in law of chief justice Supreme Court of AJK Sardar Said Muhammad Khan (late) and continues to endure an exile for his opinions on Kashmir. Senge Hasnan Sering is a credible voice on Gilgit Baltistan and Ali Adaalat has been playing a lead role in the field of Pahari Literature and in campaigning for the inclusion of Kashmiris in British electoral process as a distinct 'Identity'.

The hidden hand of establishment has continued to muddy the clear waters in Britain which has a large Kashmiri, Pakistani, Indian and Bangla Deshi community. Although as a result of assertive role of the Supreme Court of Pakistan in defining the contours of State institutions, emerging role of a vigilant media and the struggle of the civil society has forced the establishment to consider ending its grip on the freedom of choice in Pakistan, it continues to find the British Kashmiri and the British Pakistani community as an enduring alternative for its 'Strategic Depth Policy', which has failed in Afghanistan.

Otherwise there is no reason to oppose a debate on "India Pakistan Peace Process: The Way Forward" in the House of Commons. One would have hoped that Lord Qurban Hussain and Yasmin Qureshi MP with their special Kashmiri links would use the occasion to reinforce the identity of the people of Jammu and Kashmir as an equal people for the right of self-determination, their narrative was in all manner very poor and could not serve the cause of the establishment or the people of Kashmir. The substantive merits of their contribution were unconvincing and unimpressive. It seemed that Lord Qurban Hussain had lost the strengths of his Kashmir narrative somewhere between 27 August 1995 when he was an active participant at the Kashmiri Intellectual Conference in Luton and 28 February 2012 when he was a panellist at the seminar in the House of Commons. A graduation from a local Councillor in the local government to a Lord in the House of Lords did not appear to be on the side of the jurisprudence of Kashmir case.

Labour Member of Parliament Yasmin Qureshi surprised me with her "Jingle Bell" narrative on Kashmir. Her narrative and understanding of the Kashmir case was a wasted opportunity at the House of Commons. It was not an occasion to seek facial, clothing, food and structural similarities between people living in Delhi and Lahore to advance a case for 'peace'. She could have proved herself wrong on many facial likenesses if she were to broaden her knowledge of geography beyond Delhi and Lahore into many other parts of India and Pakistan. Yasmin's understanding of the Kashmir case history was riddled with many imperfections. She was terribly wrong on material facts of the case.

Neither of the two Kashmiris in the British Parliament had any clue that India has rested its case at the UN, stating that  "The question of the future status of Kashmir vis a vis her neighbours and the world at large, and a further question, namely, whether she should withdraw from her accession to India, and either accede to Pakistan or remain independent, with a right to claim admission as a Member of the United Nations – all this we have recognised to be a matter for unfettered decision by the people of Kashmir, after normal life is restored to them". 

It would have been helpful in arresting the on-going series of mistakes if the two had discharged their duty to fairness and pointed out that Pakistan has messed up Kashmir case in all the three administrations of Jammu and Kashmir, in Pakistan and at the UN. As a start Pakistan made a serious error in equating Kashmir Question with The Hyderabad Question. It accrued a criminal negligence by not raising the Kashmir at the UN SC from 5 November 1965 to 15 September 1996 (30 years and 10 months). 

The colossal mistake has been the authorship of militancy, which has resulted in the death of a generation and in consequence the death of self-determination. The question of any use of force in Kashmir should have been left to the United Nations. The caller advising me to stay away from the Kashmir Seminar is not the lone crusader in the cause of establishment. The rot has affected the Kashmiri and Pakistani community at all levels. Author is London based Secretary General of JKCHR – NGO in Special Consultative Status with the United Nations. He can be mailed at dr-nazirgilani@jkchr.com



--
Warm Regards

Mir Imran
Co-ordinator
Kashmir Chapter - JKCHR
Peer Bagh, Srinagar
Kashmir - India

Ph.        0091 194 2105927,
              0091 194 2433032.
Fax.      0091 194 2431262
Mobile: 0091 9796138002
Email: -
kashmirchapter@jkchr.com 
jkchr-sgr@hotmail.com
mir_imran@in.com
www.jkchr.com


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Thanks a lot.
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