Wednesday, 14 November 2012

Suddle, as Ombudsman, issues contempt

ISLAMABAD: The Federal Tax Ombudsman has issued a show cause notice for contempt to Malik Riaz Hussain for giving a press statement that Dr Shoaib Suddle has been given extension under a deal, and Riaz has been asked to explain ‘who has brokered the alleged deal and with what objective’ before the FTO on November 19.

The FTO has the same powers as the Supreme Court to punish any person for its contempt and under the contempt law, if Malik Riaz is convicted, he may be jailed for six months or fined or both depending upon the discretion of the FTO.

The show cause notice issued to Malik Riaz Hussain by the Registrar FTO dated 14 November 2012, says that FTO has been scandalised by linking extension in the service of Dr Shoaib Suddle with a deal.

“Whereas, in the story titled ‘Riaz questions commission’s legality’ published on November 14, 2012, you have alleged that Shoaib Suddle was being given extension in service as Federal Tax Ombudsman under a ‘deal’;

And whereas, your allegation is tantamount to scandalizing the Hon’ble Federal Tax Ombudsman; now therefore, you are required to file an affidavit explaining, inter alia, who has brokered the alleged deal and with what objective”, the show cause notice says.

It adds: “You are also required to explain as to why contempt proceedings may not be initiated against you under Section 16 of the Federal Tax Ombudsman Ordinance, 2000; You are further required to appear in person before the Hon’ble Federal Tax Ombudsman on 19-11-2012 at 11.00 a.m., after filing your written reply by 10.00 a.m. the same day.”

The notice has also explained the powers of the FTO saying that under Section 16 of the Federal Tax Ombudsman Ordinance, 2000, the FTO has the same powers, mutatis mutandis, as the Supreme Court has to punish any person for its contempt who- (a) abuses, interferes with, impedes, imperils, or obstructs the process of the Federal Tax Ombudsman in any way or disobeys any order of the FTO; (b) scandalises the FTO or otherwise does anything which tends to bring the FTO, staff members, nominees of the office, or any person authorised by the FTO in relation to his office into hatred, ridicule or contempt; (c) does anything which tends to prejudice the determination of a matter pending before the FTO; or (d) does any other thing which, by any other law, constitutes contempt of court.

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