2018 PLP 574 (SCMR)
N/A
| Citation | 2018 PLP 574 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mian Saqib Nisar, C.J., Umar Ata Bandial and Ijaz Ul Ahsan, JJ |
| Parties | N/A |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2018 PLP 574 (SCMR)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2018 PLP 574 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mian Saqib Nisar, C.J., Umar Ata Bandial and Ijaz Ul Ahsan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2018 PLP 574 (SCMR) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----Art. 184(3)---Suo motu action by the Supreme Court in relation to bank accounts maintained by citizens of Pakistan in foreign countries without disclosing the same to competent authorities in Pakistan or paying taxes on the same---Supreme Court observed that prima facie, it appeared that such money was siphoned off without the payment of taxes through illegal channels and represented either ill-gotten gains or kickbacks from public contracts; that such money created gross disproportion, inequality and disparity in the society, which warped economic activity and growth, and constituted plunder and theft of national wealth; that the society and economy of the country was being adversely affected by illegal and surreptitious theft of national wealth, which was stashed in foreign countries; that the same could otherwise be utilized for the welfare of the people in projects such as education, health and public welfare, and that such delinquency constituted violation of the Fundamental Rights of the citizens and was a matter of great public importance---Supreme Court directed that the State Bank of Pakistan shall before the next date of hearing submit a comprehensive report regarding steps which had been taken under the International agreements/treaties/protocols to identify the citizens who held accounts in foreign jurisdictions and tax havens; that the State Bank of Pakistan, the Federal Board of Revenue, the Securities and Exchange Commission of Pakistan and the Ministry of Finance shall submit a report about the steps taken, in collaboration with other State institutions, for retrieval of the said money; that the Federal Board of Revenue shall also submit a report providing details of the steps taken on the basis of information available, inter alia, through certain leaked documents that provided details of financial information of thousands of offshore entities, and the action taken against citizens holding properties and bank accounts in foreign countries; that all intelligence agencies of the State and the Federal Investigation Agency shall share all requisite information available with them with the Supreme Court, and that the State Bank of Pakistan, the Federal Board of Revenue, the Ministry of Finance and Ministry of Foreign Affairs shall collaborate with each other, collect and share information and approach the foreign jurisdictions to obtain such/other further information, as may be necessary, through legal and diplomatic channels--- Order accordingly.
Judgment & Decree
It has been common knowledge for years that a large number of Pakistani citizens, who are residents of Pakistan and are maintaining accounts in foreign countries without disclosing the same to the authorities competent under the Laws of Pakistan or paying taxes on the same in accordance with law. Prima facie, it appears that such money is siphoned off without the payment of taxes through illegal channels and represents either ill-gotten gains or kickbacks from public contracts. Such money creates gross disproportion, inequality and disparity in the society, which warps economic activity and growth, and constitutes plunder and theft of national wealth.
2. Recently, the names of a large number of Pakistani citizens were disclosed in the Panama Papers and Paradise Papers. The Chairman, Federal Board of Revenue (FBR) had appeared before the Court and made a statement that appropriate action was being initiated against the citizens whose names had appeared in above said papers. However, no appreciable progress appears to have been made in this regard. The society and economy of the country is being bled by illegal and surreptitious theft of national wealth, which is stashed in foreign countries, the same could otherwise be utilized for the welfare of the people in projects such as education, health and public welfare. Such delinquency constitutes violation of the fundamental rights of the citizens of Pakistan and is a matter of great public importance.
3. Therefore, in exercise of powers under Article 184(3) of the Constitution of the Islamic Republic of Pakistan, 1973, we direct as follows: i) The State Bank of Pakistan shall before the next date of hearing submit a comprehensive report regarding steps which have been taken under the International agreements/treaties/protocols to identify the citizens who hold accounts in foreign jurisdictions, including UAE, Switzerland, Luxemburg, Spain, UK, etc. and other tax haven jurisdictions, including, British Virgin Islands, Cayman Islands, Channel Islands, etc. ii) The State Bank of Pakistan, the FBR, the Securities and Exchange Commission of Pakistan and the Ministry of Finance shall submit report about the steps taken, in collaboration with other State institutions, for retrieval of the said money. iii) The Federal Board of Revenue shall also submit a report providing details of the steps taken on the basis of information available, inter alia, through Panama Papers and Paradise Papers and the action taken against citizens holding properties and banks accounts in foreign countries. iv) All State agencies including IB, ISI, MI and FIA are directed to share all requisite information available with them with this Court. v) The State Bank of Pakistan, FBR, the Ministry of Finance and Ministry of Foreign Affairs shall collaborate with each other, collect and share information and approach the afore-noted foreign jurisdictions to obtain such/other further information, as may be necessary, through legal and diplomatic channels.
4. Let responsible officers, conversant with the necessary facts appear before this Court on 15.02.2018. MWA/S-8/SC Order accordingly.