One-month budget: PHC issues notice to KP govt, summons AG as amicus curiae

PESHAWAR: The Peshawar High Court (PHC) on Tuesday issued notice to the provincial government and summoned the advocate general in a petition challenging the passing of a one-month budget for vital expenses without the approval of the Khyber Pakhtunkhwa Assembly.

A division bench of the PHC comprising Justice Syed Arshad Ali and Justice Dr Khurshid Iqbal heard the petition filed by KP Assembly opposition leader Dr Ibadullah Khan

Counsel for the petitioner Aminur Rahman Yousafzai told the court that the previous KP caretaker government had approved a four-month budget under Article 126 of the Constitution, while the current provincial government presented a budget under Article 125 to meet the urgent expenses for the month of March.

He pleaded that the PHC had ordered the KP Assembly speaker to administer oaths to the lawmakers elected on reserved seats, which the provincial government circumvented by not convening a budget session.

The petitioner argued that rather than convening the budget session, the incumbent government approved a one-month budget under Article 126 on the pattern of caretaker government.

The petitioner’s lawyer pointed out that the Constitution had outlined separate procedures for budget presentation by caretaker and elected governments.

He prayed the court to declare the provincial government move of approving the budget for one-month by cabinet illegal and unconstitutional.

Following the arguments, the bench issued notice to the provincial government and summoned KP advocate general under Article 27(A) as amicus curiae or friend of court.

Provincial government, the speaker of the provincial assembly and the secretary finance are the respondents in the petition.