ISLAMABAD: The Supreme Court on Wednesday issued notices to the governor State Bank of Pakistan (SBP), the secretary Ministry of Finance (MoF) and the Attorney General for Pakistan (AGP) for not providing funds to the Election Commission of Pakistan (ECP) to hold general elections in the Punjab for Friday (April 14) at 11:00 a.m.
The notices were also issued to the next senior-most official of the bank, the next most senior official of the Finance Ministry, Secretary and Director General (Law) of the Commission. They were directed to appear in person before the Court (in Chambers).
The SBP governor and the official were asked to bring with them the record and details of all monies whatsoever of the federation/ federal government lying with or under the control, custody or management of the Bank under any law, rule, practice or agreement, including in particular (but without limitation) (i) in terms of the Federal Government Receipt and Payment Rules, 2021 (with specific reference to Rules 3 and 4 thereof) framed under the Public Finance Management Act, 2019 and/or (ii) Section 21 of the State Bank of Pakistan Act, 1956.
The secretary finance and the next most senior official were asked to bring with them all the relevant record and shall place before the Court a detailed report as to why the order of the Court made in para 5 of Const. P. 5/2023 has not been complied with, as stated by the Commission. The ECP secretary and DG-Law to bring with them full record pertaining to the general elections to the Punjab and KPK assemblies.
The ECP a day ago (Tuesday) in a sealed envelope, filed a report in the SC’s Registrar’s Office regarding the funds. The Commission report states; “No funds have at all been released and provided to it as required by the order of the Court.”
Assistant Registrar (Civil-II) Noor Mustafa Shah issued the statement. It said the failure of the federal government to comply with the order of the Court is prima facie disobedience. The consequences that can flow from such prima facie defiance of the Court are well settled and known. Every person who embarks upon encourages or instigates disobedience or defiance of the Court can be held.
“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 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,” said the statement.
A three-judge bench, headed by Chief Justice Umar Ata Bandial, and comprising Justice Ijazul Ahsan and Justice Munib Akhtar on April 4 had fixed May 14 as the polling day for the Punjab election and asked the Commission to file a report in the Court by 11.04.2023, stating whether the said funds have been provided and received and if so, whether in full or in part.
In its order, the bench said; the federal government shall forthwith and in any case by 10.04.2023 release and provide to the Commission funds, i.e., Rs21 billion for the general elections to the Punjab and Khyber Pakhtunkhwa Assemblies.
The Commission was directed to file a report in the Court by 11.04.2023 stating whether the said funds have been provided and received and if so, whether in full or in part. The report shall be placed before the members of the Bench for consideration in Chambers.
The Supreme Court’s order said: “If the funds have not been provided or there is a shortfall, as the case may be, the Court may make such orders and give such directions as are deemed appropriate to such person or authority as necessary in this regard.”
The government has so far not issued the funds for polls and instead referred the matter of election funds to the Parliament. Finance Minister Ishaq Dar introduced the “Charged Sums for General Elections (Provincial Assemblies of the Punjab and the Khyber Pakhtunkhwa)” Bill 2023 in both houses of parliament.
The bill is aimed at carving a legal way for the release of Rs21 billion funds for holding elections in Punjab and Khyber-Pakhtunkhwa.
Dar introduced the piece of legislation as “money bill”, which gives the voting right on it to the National Assembly and a maximum 14-day time to the Senate to give recommendations on the bill. The SC’s order said: “If the funds have not been provided or there is a shortfall, as the case may be, the court may make such orders and give such directions as are deemed appropriate to such person or authority as necessary in this regard.”
Copyright Business Recorder, 2023
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