Prime Minister''s discretionary powers: MoF asked to submit reports about criteria

The Supreme Court Tuesday issued directives to finance ministry to submit reports pertaining to the criteria adopted for distribution of People''s Works Development Program PWDP-II funds as well as PM discretionary powers of distributing billions of rupees to MPs.
A three-judge bench of Chief Justice Iftikhar Muhammad Chaudhry resumed the hearing of a suo motu notice which was taken over a news report of former prime minister Raja Pervez Ashraf "doled out" Rs 52 billions development funds for People''s Works Development Program-II ten days after his retirement.
During proceedings, the bench observed that a prime minister should not spend billions of rupees in one constituency, saying he was supposed to be the prime minister of the entire country. The Chief Justice Chaudhry remarked that iniquitous distribution of development funds among parliamentarians always generated bad governance. Chief Justice Iftikhar Muhammad Chaudhry further questioned the finance ministry about the rule under which different funds were diverted to PWDP-II from allocation of the WAPDA, Higher Education Commission (HEC) and Lowari Tunnel.
Appearing on court''s notice, Secretary Finance Dr Waqar Masood said that no PWDP-II fund had been released after March 16, 2013, adding that the premier had discretionary powers to distribute funds among parliamentarians and notables. He submitted that prime minister was authorised to sanction funds for small development schemes and requested the court to inquire over the issue of legality of the premier''s discretion to allocate fund from the Attorney General for Pakistan office.
The bench observed that being a principal officer of the finance ministry Dr Waqar Masood was supposed to ask the purpose behind the diversion of funds from other projects to a constituency. Meanwhile, the court was informed that Sui Northern and Southern Gas Pipeline companies had received Rs 5.8 billion from PWDP-II fund during the financial year 2012/13 in perusal of a total of 100 directives of the prime minister regarding gas supply in different areas of the country.
Managing Director of the SNGPL informed the bench that they could not do work according to their own plan in the next three years due to the implementing of PM''s 100 directives regarding the gas supply to various areas. He stated that the Company had written to the concerned authorities of the government several times saying the country was already facing the shortage of gas, therefore supply of gas should be stopped.
Upon this, the Chief Justice Chaudhry said why they implemented illegal directives of the prime minister as they were bound to follow legal orders, saying there should be no discrimination regarding supply of gas. The bench issued directives to the finance ministry to engage counsel for giving legal status about the PM''s discretionary power regarding the distribution of fund among parliamentarians and notables. Hearing of the case was adjourned for ten days.