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Islamabad HC's Activist Judge Torpedoes FBR's Tax Collection Efforts

RiazHaq

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In yet another egregious example of increasing judicial activism, Islamabad High Court's Justice Shaukat Aziz Siddiqui, the judge who also ordered Musharraf's arrest, has suspended Pakistan's top tax collector Arshad Hakeem. Hakeem was working on an ambitious technology-based project to go after powerful tax dodgers in the country.


In a country where the rich and the powerful pay little or no tax, Ali Arshad Hakeem became "a hated man" in just seven months after his appointment as FBR chairman, according to a report in the UK's Telegraph newspaper. Coming from IT and business management background Hakeem put in place a database designed to monitor the spending habits of millions of people, and calculate how much tax they owed. At the click of a mouse, he could look up details of the elite's holiday habits, electricity bills and bank accounts, complete with photos, addresses and vehicle details, said the newspaper.

By linking government databases on cars, imports, exports and sales tax among others, he built a powerful tool for the Federal Board of Revenue (FBR) that could identify individuals and companies which were not paying their fair share. For income tax, his team fed 1,700 factors into a model which calculated how much was owed.

Pakistan tax-gdp is among the lowest and its tax policies are among the most regressive in the world. Direct taxes make up less than 3.5 percent of GDP, with wide ranging exemptions to powerful segments of society coupled with governance issues at Federal Board of Revenue, according to former finance minister Shaukat Tarin. The bulk of the tax receipts are collected in the form of sales tax, placing the heaviest burden on the lower-income people who spend almost all of their income on their basic needs.

Hakeem's efforts to change the situation and collect from the rich and powerful came to a grinding halt last month when Justice Siddiqui suspended Mr Hakeem.

Other damaging examples of economic judicial activism include cancellation of Pakistan Steel Mills privatization, annulling of Reko Diq mining contract and voiding of rental power deals with foreign investors.

Since the cancellation of Pakistan Steel Mills privatization deal in 2006, PSMC has suffered huge losses that cost the taxpayers tens of billions of rupees--Rs 26.5 billion in 2009, Rs 11.5 billion in 2010, Rs 11.4 billion in 2011 and Rs 21 billion in 2012. Had Prime Minister Shaukat Aziz's government been allowed to proceed with privatization in 2006, the PSMC would have been a significant contributor rather than a huge drain on the public treasury. The money saved could have been used to fund education, healthcare, energy and infrastructure projects in the country.

Similarly, the Supreme Court has intervened and scared away foreign investors by its decisions in Reko Diq and Karkey rental power company. Had Reko Diq been allowed to continue, it would have represented a huge $3.3 billion foreign investment in Pakistan's Balochistan region.

Umar Cheema, a journalist and author of the report that showed how few politicians pay tax, told Telegraph's Rob Crilly that anyone attempting reform risked being brought down. "He made people realize the FBR was doing something under his watch, even though he was not there for very long" he said.

Haq's Musings: Anti-Musharraf Judge Deals Serious Blow to Tax Collection in Pakistan
 
But exactly WHY was Mr. Hakeem suspended? For making the software? I don't think so. There must be more to this story.
 
I've got a relative in FBR, and according to them, this man was revamping the whole FBR structure!

Maybe somebody got angry with him!!!
 
I've got a relative in FBR, and according to them, this man was revamping the whole FBR structure!

Maybe somebody got angry with him!!!

Did he have the authority to revamp the FBR's administrative structure? What led to the court case in the first place? What is the text of the judgement suspending him?
 
Did he have the authority to revamp the FBR's administrative structure? What led to the court case in the first place? What is the text of the judgement suspending him?

He was revamping for the good...but I am just as clueless as you are.

Just a week back, I saw a report on Geo regarding this new electronic system.

The actual reasons would be interesting to know.
 
He was revamping for the good...but I am just as clueless as you are.

Just a week back, I saw a report on Geo regarding this new electronic system.

The actual reasons would be interesting to know.

Exactly. The way the OP is written, it seems to be intent or creating hatred against the courts, and thus seems to be a planted story.

The real story will come out with more information I am sure.
 
Exactly. The way the OP is written, it seems to be intent or creating hatred against the courts, and thus seems to be a planted story.

The real story will come out with more information I am sure.

I like the way he highlighted that same Judge ordered Musharraf's arrest (so we know the source of bias).

And I just clicked the link it is one Mr Haq who lives happily is a democratic society (USA) availing its full benefits but as brown man in white land suffers from unique mental ailment of white man's burden. In his infinite wisdom he teaches the brown back home the evils of democracy and the real Messiahs hidden in Khakis :coffee:.
 

The Telegraph story is more balanced, and has this portion:

"This quiet, technocratic revolution came to a juddering halt last month, when Mr Hakeem was suspended by judges over allegations that his appointment breached government rules that demand each job be filled from a shortlist of three."

So the real issue is how he was appointed. His good work is to be commended, but government appointments must follow the rules and regulations. The process that led to his appointment was challenged, and he was suspended pending a determination of whether his appointment followed rules or not.

Isn't that standard procedure?
 
The Telegraph story is more balanced, and has this portion:

"This quiet, technocratic revolution came to a juddering halt last month, when Mr Hakeem was suspended by judges over allegations that his appointment breached government rules that demand each job be filled from a shortlist of three."

So the real issue is how he was appointed. His good work is to be commended, but government appointments must follow the rules and regulations. The process that led to his appointment was challenged, and he was suspended pending a determination of whether his appointment followed rules or not.

Isn't that standard procedure?

The real issue is that the rich and powerful do not want to pay taxes, and they used an excuse to get rid of a reformer.

This sends the wrong signal to anyone wanting to reform anything in Pakistan.

Judiciary is among the most corrupt institutions in Pakistan, according to Transparency International.

Activist judges are a serious problem for Pakistan.
 
Interesting to note that Mr. Ali Arshad Hakeem is the son of a former director general Pakistan Rangers, Major General Hakeem Arshad Qureshi. His appointment as FBR Chairman was challenged by Muhammad Ashfaq Ahmed in the IHC, which led to the present case and order.

The petition challenges the appointment of FBR chairman, mentioning violation of various laid down procedures and laws, it also mentioned the personal interest of Ali Arshad Hakeem as his company of whom he was once the chief executive officer has filed a hundred million dollar law suit against the FBR and by virtue of his office, Ali Arshad Hakeem is the plaintiff and the respondent at the same time, according to the petition.

“There is a clash of personal interest of Ali Arshad Hakeem and official interests of the FBR chairman; that the company of Mr Ali Arshad Hakeem, Accountancy Outsourcing Services (AOS), had been working as local implementation partner of a foreign company—M/S Agility—that has been doing business with the FBR."
 
Interesting to note that Mr. Ali Arshad Hakeem is the son of a former director general Pakistan Rangers, Major General Hakeem Arshad Qureshi. His appointment as FBR Chairman was challenged by Muhammad Ashfaq Ahmed in the IHC, which led to the present case and order.

The petition challenges the appointment of FBR chairman, mentioning violation of various laid down procedures and laws, it also mentioned the personal interest of Ali Arshad Hakeem as his company of whom he was once the chief executive officer has filed a hundred million dollar law suit against the FBR and by virtue of his office, Ali Arshad Hakeem is the plaintiff and the respondent at the same time, according to the petition.

“There is a clash of personal interest of Ali Arshad Hakeem and official interests of the FBR chairman; that the company of Mr Ali Arshad Hakeem, Accountancy Outsourcing Services (AOS), had been working as local implementation partner of a foreign company—M/S Agility—that has been doing business with the FBR."

Let's not be so naive as to accept such frivolous arguments for Hakeem's removal.

Other damaging examples of economic judicial activism include cancellation of Pakistan Steel Mills privatization, annulling of Reko Diq mining contract and voiding of rental power deals with foreign investors.

Since the cancellation of Pakistan Steel Mills privatization deal in 2006, PSMC has suffered huge losses that cost the taxpayers tens of billions of rupees--Rs 26.5 billion in 2009, Rs 11.5 billion in 2010, Rs 11.4 billion in 2011 and Rs 21 billion in 2012. Had Prime Minister Shaukat Aziz's government been allowed to proceed with privatization in 2006, the PSMC would have been a significant contributor rather than a huge drain on the public treasury. The money saved could have been used to fund education, healthcare, energy and infrastructure projects in the country.

Similarly, the Supreme Court has intervened and scared away foreign investors by its decisions in Reko Diq and Karkey rental power company. Had Reko Diq been allowed to continue, it would have represented a huge $3.3 billion foreign investment in Pakistan's Balochistan region.

Umar Cheema, a journalist and author of the report that showed how few politicians pay tax, told Telegraph's Rob Crilly that anyone attempting reform risked being brought down. "He made people realize the FBR was doing something under his watch, even though he was not there for very long" he said.

http://www.riazhaq.com/2013/05/anti-musharraf-judge-deals-serious-blow.html
 
Let's not be so naive as to accept such frivolous arguments for Hakeem's removal............

Let's also not be so one-sided as well, Sir.

Mr, Hakeem has only been suspended, not removed. The final resolution of the case is yet to come. Besides, some of the evidence that is quoted suggests that there is much more to this story.

To highlight it as a case of judicial activism is wrong and premature at this point, Sir.
 
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