ISLAMABAD: The Islamabad High Court (IHC) Monday turned down a petition moved by a Pakistan Tehreek-e-Insaf (PTI) leader against the ‘misuse’ of the public funds on the advertisements of Prime Minister Shehbaz Sharif’s visit to Turkey.
A single bench of Chief Justice Athar Minallah heard the petition of PTI leader Ali Nawaz Awan, which he filed through Advocate Babar Awan under Article 199 of the Constitution. The court after hearing the arguments dismissed the same.
The IHC order said that the expression “Zindabad” in the advertisement is obviously an expression of approval and further strengthening of the strong ties between the two sovereign States.
“There is nothing in the advertisements, which may indicate that its publication was intended as self-aggrandizement of the prime minister of Pakistan,” observed the CJ.
Dr Awan, the counsel for the petitioner argued that it is illegal to use public funds by the government for the self-aggrandizement of public office holders and he also drew the attention of the court toward a verdict of the Supreme Court of Pakistan.
The order stated that the General Financial Rules of the Federal Government Volumes I and II which is a compilation of the orders and instructions issued from time to time, has prescribed principles, guidelines and rules relating to financial propriety while making expense out of public funds and the exchequer.
Justice Athar said that the Court has carefully perused the copies of advertisements published in the daily newspapers before the official visit of the prime minister to Turkey.
“The advertisement is regarding the special relationship between Pakistan and Turkey. The photograph of the President of Turkey has also been printed. The advertisement does not contain any material which could be treated as self-aggrandizement of the prime minister,” said the judge.
However, he added that the publication of the advertisement could have been avoided because the enviable ties between the people of Pakistan and Turkey are so special and strong that they do not require such approval or encouragement. He added, “Nonetheless, it is not a case of self-aggrandizement, rather, tribute to the special relationship between the two countries. Even otherwise, by entertaining the petition, the Court would be unjustifiably making the advertisement controversial, which solely acknowledges the special relationship of Pakistan with Turkey.”
He continued that mindful of the sanctity and reverence for the special relationship between Pakistan and Turkey, the Court is not inclined to entertain the petition.
The Court expected that the respondents would take into consideration the observations of the Supreme Court and the obligations prescribed under the General Financial Rules while authorizing the publication of advertisements out of public funds.
Justice Minallah maintained that the Court is not inclined to exercise its extra ordinary jurisdiction under Article 199 of the Constitution, therefore, dismissed the petition.
The PTI leader had prayed before the IHC that the impugned advertisement issued by the respondents be declared completely unlawful, unconstitutional, illegal, void ab-initio and in total disregard of the order passed by the Supreme Court.
Copyright Business Recorder, 2022
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