Latest news with #Naek
Business Recorder
08-08-2025
- Politics
- Business Recorder
Auction suspension: SC turns down Bahria Town's plea
ISLAMABAD: The Supreme Court turned down M/s Bahria Town (Private) Limited's plea to halt the auction of its properties, but issued notices to the respondents. A three-judge bench headed by Justice Aminuddin Khan and comprising Justice Naeem Akhtar Afghan and Justice Miangul Hassan Aurangzeb on Friday heard an appeal of Bahria Town against the IHC's short order. A division bench of the IHC on August 5, 25, dismissed the petitions of Bahria Town, and stated: 'The injunctive orders issued by this Court vide order dated 15.04.2025 passed in W.P No.1368 of 2025 and order dated 04.06.2025 passed in W.P No.2248 of 2025 are hereby recalled.' During the proceeding, Farooq H Naek, appearing on behalf of Bahria Town, prayed that stay order be granted against the IHC's order. However, Justice Amin declined the request saying how come the stay order be issued without hearing the other side. Justice Naeem questioned what the National Accountability Ordinance says about plea bargain? He noted that if an accused challenges the plea bargain process then it becomes inoperative, adding in the instant matter the accused has challenged the plea bargain, and the applications against them are pending, but the properties are being auctioned. Justice Naeem observed that instead of main petition only the Civil Miscellaneous Applications (CMA) were fixed for hearing Friday (Aug 8), adding how come they can hear the CMAs without hearing the main petition. Naek told that he came to know about this case late at night, adding still the case is not issued on the cause list. The counsel stated thanks God that he was in Islamabad, therefore, appearing before the bench. The bench ordered Naek to file more documents pertaining to the case. Justice Naeem noted that Bahria Town's case is based on three NAB references, while they do not have copies of the references before the Court. Justice Naeem, therefore, ordered Farooq Naek to attach the documents with the application, so that may know what is the actual case? Naek said he would supply the documents tomorrow. M/s Bahria Town (Private) Limited on August 6, filed an appeal against the IHC's order under Article 185(3) of the Constitution. It asked the apex court that a regular bench hear the appeal, as no vires of any law have been challenged or interpretation of any constitutional provision is involved in the case. The petition raised questions whether, in view of the amended proviso to Section 25(b) of the National Accountability Ordinance, 1999, the plea bargain agreement automatically becomes inoperative and unenforceable upon the accused's failure to fulfill the terms and conditions stipulated therein? Whether the NAB authorities can lawfully determine or attribute any liability arising out of a plea bargain agreement in the absence of the accused and without associating the accused in such proceedings? The case is adjourned until August 13. Copyright Business Recorder, 2025
Business Recorder
16-06-2025
- Business
- Business Recorder
Tax fraudsters: Punishments will be reassessed: Aurangzeb
ISLAMABAD: Finance Minister Muhammad Aurangzeb Monday said the government will review the punishments including penalty, arrest and imprisonment to the persons committing tax fraud under the Finance Bill (2025-26). He assured this to the Senate Standing Committee on Finance during the review of the Finance Bill 2025-26. The committee alongside the federal minister for finance and revenue said that he will inform the prime minister of the committee's recommendations regarding this legislation. The committee believed that implementation of recommendations will make the real difference. Arrest for tax fraud: Senate panel for defining a threshold The committee headed by Senator SaleemMandviwalla adopted the revised Section 37A (power to inquire and investigate offences warranting prosecution under this Act) and Section 37AA (powers to arrest) as proposed by Senator Farooq H Naek. The revised draft of the said sections, prepared by Senator Naek, was read by FBR Member Inland Revenue (Policy) before the committee. Committee members were of the view that the punishment of 10 years imprisonment to the persons committing tax fraud is very harsh and needs to be reduced. The committee proposed reduction in imprisonment period from 10 to five years. Some committee members also proposed reduction in fine from Rs10million to Rs5 million. The committee also proposed that the tax fraud should be a bailable offence under the Sales Tax Act. The purpose of the FBR is to focus on recovery from taxpayer and even two years imprisonment is more than enough. On the issue of 'Offences, Penalties, and Punishment on Tax Fraud,' Senator Farooq H Naek proposed multiple legal refinements, including reducing penalties for tax fraud from Rs10 million to Rs5 million, reducing the sentence from 10 years to five years, requiring the issuance of three separate notices before prosecution, mandating the High Court to decide tax appeals within 60 days and separating inquiry, investigation, and court trial phases. Senator Naekemphasised that a two-year sentence is already harsh for a businessman. Ten years is excessive. Penalties must be proportionate and not politicised, he added. Echoing this sentiment, Senator ShibliFaraz said that the tax laws must not be used for political victimisation. The committee appreciated the valuable input of Senator Naek who through his extensive experience in legislation guided the committee clause by clause in the language and legal framework of the bill. The committee also rejected the proposal for collecting 100 percent penalty of tax loss and default surcharge from a person, already arrested under tax fraud. Under the proposed law, any person who commits tax fraud, shall be liable to imprisonment for a term which may extend to ten years or with fine which mayextend to Rs10 million or with both and shall also be liable to pay the amount equal to the loss of tax caused including onehundred percent penalty of tax loss and default surcharge. Copyright Business Recorder, 2025
Express Tribune
21-03-2025
- Politics
- Express Tribune
'Punjab should not turn Sindh barren'
Former chairman Senate and ex-federal law minister Farooq H. Naek belonging to the Pakistan Peoples Party has cautioned the federal and Punjab governments against going ahead with the controversial canals project. Talking to the media outside SHC Hyderabad on Thursday, Naek asked the Punjab govt not to turn Sindh into a barren land. "The canals should not be built. Sindh's water should not be stopped." He said, it would be a big injustice by Punjab if they stopped water by building canals. He observed that the residents of Sindh, farmers and peasants as well as their agriculture sector and economy would immensely said President Asif Ali Zardari, being the head of the state, recently briefed the parliament about the repercussions of the canals project. He emphasised that the government should listen to the president because stopping a province's water would be a gross injustice. Meanwhile, protests against the canals continued across the province on Thursday, demanding of the centre and Punjab to roll back the project. The Sindhi nationalist leaders have been warning that they will block the highways which are used for trade by Punjab for imports, exports and trade.
