ISLAMABAD: The Supreme Court of Pakistan on Friday directed the State Bank of Pakistan (SBP) to allocate and release Rs21 billion from the funds held with it to the Election Commission of Pakistan (ECP) for holding general elections to the Punjab and Khyber Pakhtunkhwa assemblies.
The three-judge bench of the apex court, headed by Chief Justice Umar Ata Bandial, conducted an in-chamber hearing regarding the non-implementation of the April 4 order to the federal government to release the funds for conducting polls in KP and Punjab.
The order issued by the Supreme Court of Pakistan on April 14, 2023, pertains to a civil miscellaneous application filed by Mohammad Sibtain Khan and others regarding the implementation of the Court order passed on April 4, 2023, in Constitution Petition No. 5 of 2023.
The Election Commission of Pakistan and officials from the State Bank of Pakistan (SBP), the Ministry of Finance/Finance Division, the Commission, and the Attorney General were in attendance.
Supreme Court ordered to complete process by April 17
In a written order issued on Friday, the apex court bench observed that the amount of Rs21 billion required by the Election Commission could be disbursed “immediately and within a day”. The Court directed the State Bank to send “appropriate communication” to the Finance Division immediately. Following the communication, the Finance Division would issue instructions to AGPR to release funds. All this must be done on April 17 by the end of the business day, the Court instructed.
The SBP Acting Governor presented a statement of the funds and monies of the Federal Government that are under the custody, control, and management of the State Bank.
The Acting Governor explained that the largest component of the fund is Account No. I (Non-Food), which is not designated for any particular or special usage and is subject to regular inflows and outflows to meet Government expenditures.
The Court queried whether a sum of Rs.21 billion required for the general elections to Punjab and Khyber Pakhtunkhwa Assemblies could be made available from the funds lying with the State Bank, with particular reference to Account I. The Acting Governor confirmed that this could be arranged.
CP 5-2023-fund release-2023-04-14The Supreme Court directed SBP and Finance Division to submit separate reports on April 18 regarding the order’s implementation and the Election Commission to submit a report confirming that the commission received the funds. The bench expressed annoyance over the non-implementation of the apex court orders and asked the government that the orders should have to be implemented.
During the hearing, AGPR Mansoor Usman Awan was asked tough questions regarding the government’s stance. “The federal government implemented the Supreme Court’s April 4 order,” the AGPR told the bench. He added that the federal government also tabled a bill in the National Assembly (NA) to release funds. “The federal government cannot ask the State Bank to issue the funds for polls after the bill’s rejection from the parliament,” AGPR Awan said.
In its April 4 order, the Supreme Court bench had directed the Election Commission of Pakistan to hold elections in Punjab province on May 14 and also directed the federal government to provide funds amounting to Rs21 billion to the ECP by April 10. However, the Election Commission submitted a report to the Supreme Court on Tuesday stating that the government had not provided funds for the elections.
The latest order from the Supreme Court has brought relief to the ECP, which had been struggling to conduct the upcoming polls due to a lack of funds. The release of funds is expected to expedite the electoral process in Punjab and Khyber Pakhtunkhwa.
