New tax registration scheme: Federal Board of Revenue chief for careful approach towards blocking CNICs
Federal Board of Revenue (FBR) Chairman Ali Arshad Hakim has said the blocking of the computerised national identity card numbers (CNICs) under new tax registration scheme is a critical issue and needs to be looked into more carefully to avoid any breach of the citizens fundamental rights.
It is learnt here on Saturday that tax authorities had made these remarks during the last Board-in-Council meeting which reviewed the entire assets registration scheme. The FBR also agreed that in case the CNICs are not blocked, an alternate solution is that the tax evaders can be put on the Exit Control List (ECL). On the directives of the tax authorities, FBR Member Legal and Senior Member Tax Policy are reviewing the scheme. One of the proposals is that the CNIC will not be blocked. However, tax evaders can be put on ECL.
When contacted, tax experts said that the blocking of CNIC would be a violation of the rights of the citizens under the Constitution. The blocking of CNICs means that an individual cannot exercise his right to vote. The basic identity of any Pakistani is reflected through his CNIC and its blockage would directly hit the basic right of the citizens.
Experts are of the view that suspension of CNIC will directly affect basic fundamental rights of a person bestowed upon him by the Constitution of Pakistan. The CNIC is in fact an identity of a citizen and fundamental rights for casting votes, freedom of movement, freedom of trade and business or primarily contingent to the identity of a person given by the State through CNIC number. Therefore, it would be a naive idea to suspend the CNIC of the defaulter taxpayer as the same would be in direct violation of fundamental rights given by the Constitution to a citizen of Pakistan. It would be better that before implementing any such idea opinion from some Constitutional experts or Law Division may be obtained in this regard, they added.
Another expert said that the citizens of Pakistan as compared to any citizen of a civilised country possess their basic fundamental rights which are given to them through the Constitution of 1973. The currently enforced Constitution is the supreme law of Pakistan and entire laws passed by the legislature should be in line with the Constitution, FBR cannot unilaterally propose any law in violation of Constitution.
Under Article 25 ie ”Equality of citizen”, all citizens are equal before law and are entitled to equal protection of law; there shall be no discrimination on the basis of sex alone. Article 8 of Constitution also relates to fundamental rights of citizens.
They said that the state shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause, shall, (to the extent of such contravention), be void. Fundamental rights have specifically been provided under Chapter-1 of the Constitution more precisely Articles 8 to Article 28 of the 1973 Constitution describe the fundamental rights which are to be available to all citizens irrespective of their status, women as well as men wherever they may be, as well as all people temporarily or permanently in Pakistan.
However, the freedoms guaranteed under Constitution can be curtailed or taken away by the government on the grounds of the sovereignty or integrity of Pakistan, maintenance of public order, public morality. But these restrictions can be challenged in the superior courts. The executives are bound to implement these rights while the judiciary takes notice of any violations and provide redress on individual complaints or take notice of its own of any gross violations of a collective right, experts added.
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