SHC suspends govt letter for release of Rs2bn to procure vehicles for ACs

By Jamal Khurshid
September 07, 2024
The Sindh High Court building in Karachi. — Facebook/The High Court of Sindh, Karachi

The Sindh High Court (SHC) on Friday suspended the provincial services department’s letter issued to the finance department with regard to the release of Rs1.991 billion amount for procuring 138 double cabin vehicles for assistant commissioners across the province.

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The interim order came on a petition filed by Jamaat-e-Islami (JI) MPA Mohammad Farooq and others who had challenged the procurement of 138 heavy vehicles at enormous government expenses.

The petitioner’s counsel, Usman Farooq, submitted that an allocation of such huge funds for procurement of heavy vehicles for assistant commissioners was unnecessary and arbitrary, and constituted a gross misuse of public funds.

He submitted that public functionaries were entrusted with the responsibility of safeguarding and managing the public exchequer transparently and efficiently, as mandated by the Constitution and the use of nearly Rs2 billion from the provincial budget for the procurement of luxury vehicles for government officers, during a time of significant financial strain on the economy, amounted to a clear disregard for the public interest and fiduciary duties of the respondents.

The counsel submitted that such an extravagant expenditure did not serve any public purpose and was, therefore, in violation of the basic principle enshrined in the Article 5(2) of the Constitution that obligated all the citizens, including public officials, to obey the law.

He said the impugned letter in question reflected the misuse of taxpayers’ money, which rightfully belonged to the citizens of Sindh and was collected to provide essential services such as healthcare, education, infrastructure and public safety.

The SHC was told that the public funds were being diverted towards the purchase of luxury vehicles, a decision that provided no tangible benefit to the citizens, particularly those living in impoverished areas where public services were desperately needed.

The petitioner’s counsel submitted that the provincial government’s fiscal responsibility must be guided by the pressing needs of its citizens, and the allocation of resources must prioritise the provision of essential services. He said that Pakistan, as a developing country, was already struggling with an inadequate healthcare system, underfunded educational institutions and crumbling infrastructure, all of which required urgent financial support.

He submitted that by contrast, the purchase of 138 luxury vehicles for bureaucratic officers offered no public utility, and instead, added an unnecessary burden on an already strained public exchequer.

The counsel submitted that keeping in view of the country’s financial situation which had significantly worsened over the last few years, with inflation rates skyrocketing to record highs, fiscal deficits widening, and foreign reserves shrinking, the public funds should be utilised with extreme caution and allocated towards projects that directly benefited the people, such as improving healthcare facilities, upgrading education systems, creating employment opportunities and addressing infrastructure deficits.

He submitted that the allocation of almost Rs2 billion for the procurement of vehicles in such a dire situation was not only unjustifiable but also an affront to the citizens who were enduring the brunt of economic hardships.

The high court was requested to declare the letter issued by the services department as illegal, arbitrary, unconstitutional and of no legal effect and suspend the operation of the said notification, and restrain the government from proceeding with the procurement of vehicles as per the terms of the notification, till the final decision of the petition.

A division bench of the SHC headed by Justice Salahuddin Panhwar after a preliminary hearing of the petition issued notices to the chief secretary, services secretary and others and called their comments within four weeks. In the meantime, the SHC directed that the official respondents would not act upon the impugned letter of the services department issued on September 3.

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