Sources told this correspondent that earlier pre-admission notices have been issued the office of Prime Minister of Pakistan, Secretary Establishment Division, Secretary for Law and Justice, Chairman Federal Public Service Commission, Chairman NAB, Director General FIA and Chairman ATIR, where a senior taxpayer citizen of Pakistan who is belonging to a noble family of Judiciary has approached the PHC through a KP based Advocate.
The petitioner urged that notifications, appointing the ATIR chairman to hold the public office as Judicial member and thereafter, as Chairman (BS-22) are illegal and of no legal effect and accordingly it may be cancelled and declared patently illegal, ab-initio void and ATIR chairman may be de-seated / removed from the post of chairman with return of benefits already enjoyed.
Petitioner states before PHC that he is also a stake holder amongst other elements responsible for upholding principles and provisions contained in the Constitution for the independence of Judiciary in all respect. Through present petition of Quo-Warranto, the petitioner (being a taxpayer citizen of Pakistan) has locus standi to question the working and patently illegal acts of Respondents to appoint a Convict / ineligible person, as Chairman (BS-22) in ATIR, petitioner accused.
Tribunal is commonly known as Final Fact Finding Authority under the fiscal laws of Pakistan (Income Tax Ordinance, Sales Tax Act, Federal Excise Duty etc) wherein hundreds of thousands of billion rupees of National Exchequer in shape of taxes and duties are on stake, petitioner accused.
ATIR chairman is required to be restrained from performing any Judicial work and hold any public office and the notifications for his appointment as Judicial Member as well as Chairman Tribunal are liable to be cancelled. It is also prayed that ATIR chairman may also be restrained from performing any judicial work, in Single as well as Division Benches of Tribunal, till the final decision of the subject petition: Petitioner added.