ISLAMABAD: The Islamabad High Court (IHC) was asked to remove the Chief Justice of Pakistan’s name from the Dam Fund account.
Advocate Adnan Iqbal on Monday filed a petition before the IHC requesting the court to summon the ex-CJP Saqib Nisar and to inquire from him about the fund he launched for building dams and water reservoirs.
The petitioner cited the Governor State Bank of Pakistan, Finance Division, Prime Minister of Pakistan, Registrar Supreme Court, Chairman Public Accounts Committee and former chief justice Saqib Nisar as respondents.
He added that the bank account has been established for raising funds for the construction of two mega dams in Diamer Basha and Mohmand. The bank account was later on titled as the Chief Justice of Pakistan and Prime Minister of Pakistan Diamer Basha and Mohmand Dam.
The petitioner stated that the Supreme Court through its Registrar not only controls, supervises and manages the funds but also encourages the general public, institutions and organizations to donate. He stated that Saqib Nisar once claimed that he may get more funds than required through this scheme for the construction of the two dams.
Iqbal said that the public at large both domestic and overseas have been in severe distress and disappointment as to the utility of the funds, which were collected from them, including schoolchildren and the institution of Pakistan Army. “It is more disappointing for the public, that the actual finds collected are lesser than the expenditures spent on the advertisement for funds, as some reports suggest. It is reported that as of March, 2019 the fund had reached Rs 10 billion, while a sum of Rs.13 billion was spent on its advertisement,” said the petitioner.
The petitioner also contended that the powers have been divided amongst the three pillars of the state, namely, Legislature, Executive and Judiciary while each pillar/ organ of the state has a function whereupon it has jurisdiction. None of the organs is authorized to step into the shoes of the other and assume its role, nor is any one superior to the other.
The concept of judicial review is not based in the superiority of the judiciary, rather it is on the basis of the function it has been accorded by the constitution to ascertain the validity/ constitutionality of laws.
“This function is the domain of the judiciary to the exclusion of all others; it has no inherent concept of superiority of judiciary over other organs of the state. Since construction of dams, planning for it, allocating funds for it, controlling and supervising the funds is the exclusive domain of the executive of the state, and not the judiciary, the Impugned Order is ultra vires and void ab initio, which merits outright suspension and cancellation.
Therefore, he prayed to direct the respondents to change the title of the dam-fund account by removing the “Chief Justice of Supreme Court.” He also requested the court to direct the respondents to refrain from spending the dam-fund on advertisement as these funds were donated for construction of dams and not awareness campaign or advertisement and refrain SC Registrar from controlling, supervising and managing the dam-fund account, and directing the Finance Division to control, supervise and manage the fund according to law.
Copyright Business Recorder, 2023
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