Attorney General for Pakistan (AGP) Mansoor Awan, State Bank of Pakistan (SBP) Deputy Governor Sima Kamil, finance secretaries and officials of the Election Commission of Pakistan (ECP) in an in-chamber hearing on Friday briefed the Supreme Court (SC) on the government’s failure to disburse Rs21 billion in funds for elections in Punjab and Khyber Pakhtunkhwa.
The hearing was held in the chamber of Chief Justice of Pakistan (CJP) Umar Ata Bandial, with Justices Ijazul Ahsan and Munib Akhtar in attendance.
In its April 4 verdict — issued by the top judge, Justice Ahsan and Justice Akhtar — the apex court had ordered the government to provide Rs21bn in funds to the ECP to conduct elections in Punjab and Khyber Pakhtunkhwa by April 10, and directed the ECP to provide a report to the court on whether or not the government complied with the order on April 11.
The ECP, in a one-page report submitted earlier this week, informed the court about the government’s reluctance to issue the amount needed for elections.
The government, meanwhile, had referred the matter to Parliament to decide. A day earlier, the parliament defied the SC order and refused to issue the elections funds.
Subsequently, the top court issued notices to the finance secretary, SBP governor, AGP Awan and the ECP, directing them to appear before the judges’ chamber on April 14 along with relevant reports.
Dawn.com has learnt that the hearing, which began at 11am, has now ended.
Earlier today, before arriving at the court, Awan held a meeting with the prime minister. Talking to the media on the way to the SC, he said that the parliament had refused to provide funds and the federal government had no authority over the matter now.
“We will tell this to the court during the in-chamber briefing today,” he added.
Parliament turns down bill for poll funds
Yesterday, perhaps for the first time in the country’s parliamentary history, the National Assembly rejected a money bill that the government had tabled to seek funds for conducting polls in Punjab and KP.
The house rejected the Charged Sums for General Election (Provincial Assemblies of the Punjab and the Khyber Pakhtunkhwa) Bill 2023 with a majority vote after Finance Minister Ishaq Dar informed the house that the standing committee had recommended not to approve the bill he introduced on April 10.
The bill stated that funds required for conducting elections in both the provinces shall be “an expenditure charged upon the Federal Consolidated Fund (FCF)”, which it said comprises all revenues received by the federal government, all loans raised by the government and all money received by it in repayment of any loan.
The bill said that it shall “override other laws” and have effect “notwithstanding anything contained in any other law, rules and regulations” when it was in force.
It added that the proposed law would stand repealed once elections for both the assemblies were held, noting that the general elections and polls to the Sindh and Balochistan assemblies need not be held for it to be repealed.
SC warns govt of consequences over delaying poll funds
As it summoned the AGP and other officials to the CJP’s chambers earlier this week, the apex court warned that the failure of the federal government to comply with the April 4 direction regarding the release of funds for polls could have consequences.
“The consequences that can flow from such prima facie defiance of the court are well settled and known,” it said.
The court order said that every person who embarks upon, encourages or instigates disobedience or defiance of the court can be held liable and accountable.
The result of the present prima facie disobedience is that yet again, the holding of general elections in a timely manner as mandated by the Constitution may be put in jeopardy, the order said, adding that question of the provision of funds for such a vital constitutional purpose is something that requires immediate attention which takes priority over proceeding against those who may have committed contempt of the court.
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