ISLAMABAD: Governor State Bank of Pakistan (SBP), the Secretary Finance, and the Secretary Election Commission of Pakistan (ECP) will appear before the Supreme Court (SC) of Pakistan today over the government’s not releasing Rs 21 billion funds for holding provincial assembly election in Punjab and Khyber-Pakhtunkhwa.
The top court had, on Wednesday, issued notices to the Finance Secretary; Governor State Bank of Pakistan Jameel Ahmad; Attorney General for Pakistan (AGP) Mansoor Awan; and the Election Commission of Pakistan (ECP) officials over the government’s failure to release Rs21 billion funds for elections in Punjab and Khyber-Pakhtunkhwa. The court has instructed the officials to appear in the judges’ chamber on April 14 (today).
In its April 4 order, issued by Chief Justice Umar Ata Bandial, Justice Ijaz ul Ahsan and Justice Munib Akhtar, the top court had ordered the federal government to provide Rs21bn in funds to the Election Commission to conduct elections in Punjab and Khyber-Pakhtunkhwa by April 10, and also directed the Election Commission to submit a report to the court on whether or not the federal government complied with the order, on April 11.
In a report submitted on April 11, the ECP informed the court about the government’s failure to issue the amount needed for elections. The government, meanwhile, referred the matter to the Parliament to decide. Perhaps for the first time in the country’s parliamentary history, the lower house on Thursday rejected a money bill that the federal government had tabled to seek funds for holding polls in Punjab and Khyber-Pakhtunkhwa in line with the apex court’s orders.
Separately, the House adopted another strongly-worded resolution against the country’s judiciary over “attempts to usurp the authority of the Parliament to legislate and interfere in its constitutional jurisdiction”. This was the third such resolution in a few days targeting the judiciary for taking up the issue of elections in Punjab and Khyber-Pakhtunkhwa through a suo-moto notice.
The house dismissed the Charged Sums for General Election (Provincial Assemblies of the Punjab and the Khyber Pakhtunkhwa) Bill, 2023 with a majority vote after Finance Minister Ishaq Dar informed the house that the standing committee had recommended not to approve the bill he had introduced on April 10. Earlier in the day, the government-dominated standing committees of the senate and the national assembly rejected the bill in their separate meetings.
In a notice issued by the Supreme Court registrar on April 12, the apex court noted that the report submitted by the Commission on April 11 stated “no funds have at all been released and provided to it as required by the order of the court”. “The failure of the federal government to comply with the order of the court as aforesaid is prima facie disobedience,” it observed. “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 liable and accountable,” the notice pointed out. It highlighted that the “disobedience” by the federal government would put the conduct of timely elections as mandated by the Constitution in “jeopardy”.
The notice further said, “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.”
Subsequently, the apex court issued a notice to governor SBP and the next senior most official of the SBP, and directed them to appear in the chamber of the judges on April 14 (today) at 11 am.
It directed them to bring the record and details of the money owned by the federal government lying with or under the control, custody or management of the central bank. The court also summoned the finance secretary and the “next most senior official” in the Ministry of Finance and the AGP for an in-person appearance the same day. “The said officials shall 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,” it said. Issuing similar notices to the ECP Director General (Law) and secretary, the court directed them to submit the full record pertaining to the general elections to the Punjab and Khyber-Pakhtunkhwa assemblies.
The federal government’s reluctance in releasing funds is being interpreted as an apparent attempt to delay elections, at least until October this year.
