PHC adjourns hearing till SC verdict on reserved seats

Humayun Khan

PESHAWAR: A divisional bench of Peshawar High Court (PHC) comprising Justice SM Attique and Justice Muhammad Ijaz Khan adjourned the hearing of a petition seeking holding of Senate elections in Khyber Pakhtunkhwa till Supreme Court of Pakistan verdict on reserved seats, on Thursday.

The counsel Ali Zaman advocate argued that the Election Commission has unlawfully delayed the Senate elections in the province, despite the fact that elections have been held in the rest of the country. The delay is a violation of the constitution and the electoral laws, and that the province has been deprived of its representation in the Senate, he added.

The Election Commission’s lawyer Mohsin Kamran advocate argued that the delay is due to a case pending in the Supreme Court regarding reserved seats. PHC observed that the case will be heard once the Supreme Court decides on the issue of reserved seats.

The petitioner’s lawyer argued that the Senate elections are essential for the representation of the province in the upper house and that the delay is causing irreparable harm to the province.

The Election Commission’s lawyer argued that the commission is bound by the Supreme Court’s decision on reserved seats and cannot proceed with the Senate elections until the issue is resolved. PHC adjourned the hearing until the Supreme Court’s decision on the reserved seats case.

PHC orders AG for response on imposition Excise duty on tobacco

Meanwhile, Peshawar High Court (PHC) ordered Advocate General for submission of comment in a plea challenging imposition of Rs50 per kilogram Excise Duty on raw tobacco by Khyber Pakhtunkhwa government during 2024-25 budget, on Thursday.

The counsel Ishtiaq Ahmad Senior advocate argued that that the imposition of excise duty is illegal and violates federal laws, as the federal government already imposes Rs390 per kilogram excise duty on tobacco. He added that the provincial government’s duty is a violation of the Federal Excise Act 2024 and will lead to the collapse of the industry in the province.

The lawyer stated that the industry is already struggling due to the existing federal excise duty, and the additional provincial duty will make it difficult for them to operate.

The counsel requested the court to declare the duty null and void, arguing that it is a double taxation, which is not allowed under the law. They also argued that the provincial government’s duty will lead to the collapse of tobacco industry.

PHC’s divisional bench comprising Justice Ijaz Anwar and Justice Syed Arshad Ali directed Advocate General Khyber Pakhtunkhwa to submit a response to the petition and adjourned the hearing.