ISLAMABAD: The Federal Cabinet is said to resolve taking appropriate legal measures to deal with the Supreme Court’s orders of April 14, 2023, well informed sources told Business Recorder.
On April 26, 2023, the agenda item titled “provision of Rs 21 billion” under directions of SC for holding of General Elections in the Punjab and Khyber Pakhtunkhwa Assemblies was tabled.
Finance Division apprised that the Supreme Court had announced decision in the Constitution Petition No. 5 of 2023 titled “Mohammad Sibtain Khan and others vs. ECP and others” on April 4, 2023 and issued directions to the Federal Government to release and to provide to the Election Commission of Pakistan funds in the sum of Rs.21 billion for the purpose of the General Elections to the Punjab and Khyber Pakhtunkhwa Assemblies forthwith and in any case by April 10, 2023.
Finance Division placed the direction of the Supreme Court before the Federal Cabinet on April 09, 2023, which directed the Finance Division to place before the Cabinet, for its consideration, an appropriate bill for onwards placement before Parliament. Accordingly, the Bill “Charged Sums for General Election (Provincial Assemblies of the Punjab and the Khyber Pakhtunkhwa) Act, 2023” was laid before the National Assembly. The same was not approved by the National Assembly.
After submission of the report by Election Commission of Pakistan on April 11, 2023, the Supreme Court issued a notice to summon officials of State Bank of Pakistan, Finance Division and Election Commission of Pakistan on April 14, 2023 at 11 am for hearing. On that date, a report on this issue was submitted by the Finance Division to the Supreme Court of Pakistan.
Subsequent to the hearing, the Supreme Court of Pakistan passed an order of April 14, 2023 that “the state Bank of Pakistan shall from Account lying under its control and management (and which constitutes the principal component of the Federal Consolidated Fund) forthwith allocate and release Rs. 21 billion for purposes of the general elections to the Punjab and KP Assemblies, The State Bank shall in this regard immediately send an appropriate communication to the Finance Ministry/ Division. All this must be done at the earliest and at the absolute latest not later than the close of business on Monday April 17, 2023.”
The National Assembly Standing Committee on Finance and Revenue convened a meeting on April 17, 2023 on the media reports that Supreme Court had directed the State Bank of Pakistan to release funds to Election Commission of Pakistan without prior approval of the National Assembly.
Finance Division was also asked to attend and explain. After deliberations, the NA Standing committee decided as follows: “This has been necessitated because of the fact that the Supreme Court of Pakistan in its order of April 14, 2023 has also directed the Finance Division to adopt the constitutional procedure by way of ex-post facto approvals. In order to avoid any future complications whereby the funds are released and ex-post facto approvals are not granted the above course has been recommended. In view of the urgency involved in the matter the Finance Division is further directed to act immediately to do the needful”.
Considering the recommendations of the NA Standing Committee, Finance Division submitted a summary for the Cabinet, which decided that in terms of Article 82(2) read with Article 84 of the constitution, the demand for expenditure for elections for Punjab and Khyber Pakhtunkhwa Assemblies should be sent to the National Assembly for its decision.
Accordingly, a motion was tabled before the National Assembly for grant of supplementary sum not exceeding Rs.21 billion to the Election commission of Pakistan. The said motion was rejected. Accordingly, a report was submitted to the Supreme Court of Pakistan. On April 19, 2023, the Supreme Court heard the case and passed an order. The operative part (para-8) of the order is as follows:
“...The learned Attorney General was therefore directed to draw the attention of the Federal Cabinet and the Prime Minister to the foregoing so that the matter is remedied at the earliest.
The Court requires that appropriate remedial measures be taken in full measure not later than April 27, 2023 and, in particular, by that date the sum of Rs, 21 billion be provided, in immediately available and realizable funds, to the Commission for the holding of the general elections to the Punjab and KPK Assemblies.”
In order to comply with the directions of Supreme Court of April 19, 2023, the matter of provision of funds of sum of Rs. 21 billion to the Election Commission of Pakistan for the general elections in the Punjab and the Khyber Pakhtunkhwa Assembly was submitted to the Federal Cabinet for appropriate decision.
During discussion, the members deliberated upon the issue at length. It was observed that the Parliament being the supreme body had not only passed a resolution cautioning the federal government against providing funds to Election Commission of Pakistan for the general elections to the Punjab and KPK Assemblies but the National Assembly had also rejected the Bill and the demand for a grant pertaining to provision of funds for the elections to the two provincial assemblies.
Copyright Business Recorder, 2023
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