ISLAMABAD: The Supreme Court on Wednesday sought a statement of the federal government signed by the prime minister and the federal secretary Finance, with an undertaking that no development funds be released to any lawmaker in violation of the Constitution and the
SC judgment delivered in 2013.
A five-member bench headed by Chief Justice of Pakistan Gulzar Ahmed and comprising Justice Mushir Alam, Justice Umar Ata Bandial, Justice Qazi Faez Isa and Justice Ijazul Ahsen heard the matter regarding the release of Rs500 million each to lawmakers as development funds ahead of the Senate elections.
On February 3, a two-member bench of the apex court comprising Justice Qazi Faez Isa and Justice Maqbool Baqir had taken notice of the PTI government’s announcement for release of funds of Rs500 million each to lawmakers. The court had taken notice of media reports stating that the prime minister had announced Rs500 million for each member of the National Assembly and provincial assemblies under sustainable development goals to carry out development schemes in their constituencies.
On Wednesday, Attorney General Khalid Javed appeared before the court and submitted that in pursuance of the court’s direction, he has submitted a report signed by Azam Khan, principal secretary to the prime minister, stating that no fund will be given to any lawmaker in violation of the apex court judgment. The additional advocate general Sindh on video link form the Karachi Registry told the court that the provincial government has not released development fund to any member of the provincial assembly. “Not a single penny has been paid to any parliamentarian by the provincial government,” the law officer said.
The chief justice, however, said that directions were given to the provinces to submit their respective written replies to which the additional advocate general Sindh submitted that he will file them.
The chief justice noted that the governments of Punjab, Khyber Pakhtunkhwa (KP) as well as Balochistan have also submitted their replies stating that no funds have been released by the provincial governments to any member of the provincial assembly.
Meanwhile, Justice Qazi Faez Isa asked the attorney general whether he has drafted the report of the principle secretary to the prime minister to which the AG replied in negative. “You are an officer of this court as well,” Justice Qazi Faez Isa told the AG. Justice Isa then asked the AG to read out the last order of the court and the AG read out the order. Justice Ijazul Ahsen asked the attorney general that he should give the court a categorical statement that no funds have been released by the federal government to any member of the National Assembly and no such amount would be disbursed in future except it will be released in accordance with the law as well as according to the judgment of the apex court.
Justice Isa asked the AG why the prime minister has not yet issued a clarification denying the news report pertaining to his announcement of releasing funds of Rs 500 million each to MNAs. “Every day the information ministry clarifies several matters but why the same news report is not being denied,” the judge questioned the attorney general. Justice Isa observed that Azam Khan, principle secretary to the prime minister, does not belong to any political party but is a bureaucrat.
“Why the prime minister is hiding behind his principle secretary,” Justice Isa remarked, adding that the whole media ran the said news item but the prime minister kept silent.
The attorney general said the newspaper report was not true. If the prime minister starts giving clarifications on every news item, he will not be able to do other works,” the AG said, adding that the prime minister knows well that developmental funds cannot be utilized in violation of the Constitution and the apex court judgment.
The AG submitted that he will file a report to the satisfaction of the court. Meanwhile, the chief justice started noting down the court order, directing the secretary Finance to submit a report by Thursday.
Justice Isa asked the chief justice that the report should be dually signed by the prime minister and the secretary Finance to which the chief justice repeated the order. The chief justice noted down in the order that the government of Punjab, KP and Balochistan have filed reports stating that no developmental funds have been released to any member of provincial assembly as well as provincial ministers and no funds will be utilized in violation of the Constitution and the judgment of the apex court
Justice Isa told the chief justice that the Punjab government has not made a categorical statement in pursuance of the court order. The chief justice then asked Qasim Chohan, additional advocate general Punjab, to file a fresh report. The court also directed the government of Khyber Pakhtunkhwa (KP) and Balochistan to submit categorical statements that no funds have been released to MPAs and ministers. The court directed that it should be ensured that the development funds are spent as per constitutional mandate and rules made by the respective governments for utilization of such funds provided in the annual budget. The court directed the additional advocate general Sindh to submit a report regarding utilization of funds. Later, the court adjourned the matter for today (Thursday).
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