The apex court on Wednesday issued notices to different government’s officials over its failure to provide Rs 21 billion funds to the Election Commission of Pakistan for holding elections in Punjab and Khyber Pakhtunkhwa.
The apex court asked the finance secretary, State Bank of Pakistan (SBP) Governor Jameel Ahmad, Attorney General for Pakistan (AGP) Mansoor Awan and others to appear in judges’ chamber after receiving a report from the ECP on the matter the other day.
The three-member bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprised of Justice Ijazul Ahsan and Justice Munib Akhtar, had already ordered the government to disburse Rs 21 billion funds to the ECP for conducting polls in both the provinces.
The bench also asked the ECP to submit a report that whether its orders has been complied or not. The watchdog, however, in its report informed the court about the government’s position on the matter.
The government has already referred the matter to the Parliament for deciding on the issue.
The apex court, in the notices issued to the government’s officials, had noted that the report submitted by the ECP yesterday 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,” it added.
The “disobedience” by the federal government would put the conduct of timely elections as mandated by the Constitution in “jeopardy”, it noted.
“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,” the SC said.
Subsequently, the court issued a notice to the SBP governor and the next senior most official of the bank, and directed them to appear before the chamber of the judges on April 14 (Friday) at 11am. It directed them to bring the record and details of money owned by the federal government lying with or under the control, custody or management of the central bank.
The court also issued notices to the AGP, the finance secretary and the “next most senior official” in the Ministry of Finance 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 secretary and director general law, the court directed them to prepare and submit the full record pertaining to the general elections to the Punjab and KP assemblies.
