AGP, SBP officials brief SC on non-provision of election funds during in-chamber hearing

Attorney General for Pakistan (AGP) Mansoor Awan, State Bank of Pakistan (SBP) Deputy Governor Sima Kamil, finance secretaries and officials of the Election Commission of Pakistan (ECP) in an in-chamber hearing on Friday briefed the Supreme Court (SC) on the government’s failure to disburse Rs21 billion in funds for elections in Punjab and Khyber Pakhtunkhwa.

The briefing — which lasted for more than an hour — was held in the chamber of Chief Justice of Pakistan (CJP) Umar Ata Bandial, with Justices Ijazul Ahsan and Munib Akhtar in attendance.

In its April 4 verdict — issued by the top judge, Justice Ahsan and Justice Akhtar — the apex court had ordered the government to provide Rs21bn in funds to the ECP to conduct elections in Punjab and Khyber Pakhtunkhwa by April 10, and directed the ECP to provide a report to the court on whether or not the government complied with the order on April 11.

The ECP, in a one-page report submitted earlier this week, informed the court about the government’s reluctance to issue the amount needed for elections.

The government, meanwhile, had referred the matter to Parliament to decide. A day earlier, the parliament defied the SC order and refused to issue the elections funds.

Subsequently, the top court issued notices to the finance secretary, SBP governor, AGP Awan and the ECP, directing them to appear before the judges’ chamber on April 14.

It had also directed the SBP to submit the record and details of all monies whatsoever of the federal government lying with or under the control, custody or management of the bank.

All the summoned officials appeared in the hearing today, which started at 11am.

On behalf of the government, the AGP submitted a two-page document to the court detailing the federal coalition’s stance on the matter.

In the document, which Dawn.com has seen, Awan said that the release of funds from the Federal Consolidated Funds — which includes all revenues received by the federal government, all loans raised by that government and all monies received by it in repayment of any loan — was subject to the parliament’s approval.

It pointed out that the government had subsequently presented a bill in the parliament seeking the release of funds, but it was rejected.

The document added that the government had fulfilled its legal obligations, but it was not authorised under the Constitution to ask the SBP to release the funds.

Separately, talking to reporters outside the SC, ECP Secretary Umar Hameed said that the hearing was held in a “pleasant atmosphere”, revealing that he presented the commission’s stance on the release of the funds to the judges.

“We also talked about the census underway across the country,” he said, pointing out that once the census was completed, four to five months were required for the demarcation of the constituencies.

“We are now waiting for the court to issue its order,” Hameed added.

Parliament turns down bill for poll funds

Yesterday, perhaps for the first time in the country’s parliamentary history, the National Assembly rejected a money bill that the government had tabled to seek funds for conducting polls in Punjab and KP.

The house rejected 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 introduced on April 10.

The bill stated that funds required for conducting elections in both the provinces shall be “an expenditure charged upon the Federal Consolidated Fund (FCF)”, which it said comprises all revenues received by the federal government, all loans raised by the government and all money received by it in repayment of any loan.

The bill said that it shall “override other laws” and have effect “notwithstanding anything contained in any other law, rules and regulations” when it was in force.

It added that the proposed law would stand repealed once elections for both the assemblies were held, noting that the general elections and polls to the Sindh and Balochistan assemblies need not be held for it to be repealed.

SC warns govt of consequences over delaying poll funds

As it summoned the AGP and other officials to the CJP’s chambers earlier this week, the apex court warned that the failure of the federal government to comply with the April 4 direction regarding the release of funds for polls could have consequences.

“The consequences that can flow from such prima facie defiance of the court are well settled and known,” it said.

The court order said that every person who embarks upon, encourages or instigates disobedience or defiance of the court can be held liable and accountable.

The result of the present prima facie disobedience is that yet again, the holding of general elections in a timely manner as mandated by the Constitution may be put in jeopardy, the order said, adding that 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.