Seeking assistance, apex court wonders whether it can retain ‘dam fund’ money

ISLAMABAD: The Supreme Court directed the federal government and the Wapda to assist, if can it retain money collected for the construction of Diamer Bhasha and Mohmand Dams, and this could be parked in the private banks for mark-up.

A three-judge bench, headed by Chief Justice Qazi Faez Isa, on Wednesday, heard the case regarding advertisement by UBL and HBL for raising of funds for Diamer Bhasha and Mohmand Dams.

The dam fund was initiated in 2018 following a suo motu notice taken by the then Chief Justice, Saqib Nisar, on dams’ construction.

Govt seeks transfer of ‘SC dam fund’ money to public account

Mehmood Nazir Rana, law officer State Bank of Pakistan said that presently, Rs23 billion are lying in the Dam Fund. He explained that Rs11 billion have been donated by the people, while mark-up on it is Rs12 billion.

The chief justice questioned who pays mark-up. Additional Attorney General (AAG) Aamir Rehman submitted that through T-bill the government pays mark-up. The CJP remarked how come the government could pay mark-up to itself.

AAG Rehman stated that the mark-up is given on money which is used by the government. He; however, said that the Supreme Court cannot retain this amount, adding the joint account in the name of the Supreme Court of Pakistan and Prime Minister of Pakistan was opened on the Court’s order, and the SC Registrar look after the dam funds. He said that as per his information there is no irregularity detected in the Dam Fund and mark-up amount.

The chief justice said the title of account is inappropriate, adding he always preferred the constitution and laws over the Supreme Court’s judgments/ orders.

The lawyer representing Wapda said that they have submitted progress reports of 2018 and 2019. The chief justice said they are not hearing review petitions, but only examining whether the Supreme Court can retain Dam Fund or not.

Former Attorney General Khalid Jawed Khan submitted that he had no objections if Dam Fund account’s title is changed. He said many things are published in the newspapers. Upon that, the chief justice said neither they (the judges) read newspapers nor would allow him to quote anything from the press.

The CJP asked Khalid Jawed that instead of discussing political issues, assist the Court on constitutional matter. The ex-AGP stated that the money in the Dam Fund instead of giving to the government could be transferred in the account specified for the construction of dams.

Additional Auditor General (Operations) Abdul Ghufran Memon informed that if Dam Fund money had been kept in public account then no mark-up on it could have been accrued. The chief justice inquired whether the public funds could be kept in private banks for mark-up. Memon replied that in his 37-year service he had never witnessed such a thing.

Justice Faez said they would not revert to Supreme Court’s order regarding construction of dams, as they are not hearing review petitions.

The lawyer appearing on behalf of some affectees stated his clients have interest in this case; therefore, they impleaded to become party. The chief justice asked the lawyer whether his clients have filed a review petition against the SC’s order. The CJP further said that when strange things happen in the apex court then no one raises objections.

The case was adjourned till tomorrow (October 11).

Copyright Business Recorder, 2024