ISLAMABAD: The Supreme Court on Friday directed the State Bank of Pakistan (SBP) to allocate and release Rs 21 billion for conducting the general elections of the provincial assemblies of Punjab and Khyber Pakhtunkhwa to complete the exercise by April 17. Ordered.
However, the National Assembly on Friday unanimously passed a resolution, which said the legislative prerogative of Parliament cannot be usurped or interfered with, and declared the Supreme Court’s order unconstitutional.
The Supreme Court’s directive came after the Acting Governor of the State Bank confirmed to the court that the necessary transactions for transfer of funds to the Election Commission of Pakistan (ECP) were completed in minimum time and business on Monday. can be done till the end of , 17 April 2023.
The Acting Governor of SBP Ms. Seema Kamil told the three-member bench of the Supreme Court headed by Chief Justice Umar Atta Bandial comprising Justice Ijaz-ul-Ahsan and Justice Muneeb Akhtar that if the court gives an order and the order is given, then it will be done. . Matter related to delay in elections of Punjab and KP Assemblies.
“From the State Bank of Pakistan, Account I, which is under its control and management (and which is the main component of the Federal Consolidated Fund), immediately Rs.21 billion for the purpose of general elections to the Punjab and KP Assemblies. Allotment and issuance shall be made in the order issued by the Supreme Court.
The Court directed the State Bank to immediately send an appropriate communication to the Ministry of Finance/Division and the said Ministry/Division immediately to the AGPR to raise the limit in respect of Election Commission ID No. 2826. Issue appropriate instructions. 21 billion rupees.
The court ordered that the said Ministry/Division also immediately confirm the position to the ECP, who also ensure that the AGPR also immediately informs and confirms the ECP accordingly. give “All this should be done as soon as possible and at the latest not later than the close of business on Monday, April 17, 2023, and in this way, the sum of Rs.21 billion should be released to the Election Commission immediately. and funds usable for the purposes of holding general elections to the Punjab and KP Assemblies.
The court further directed that the State Bank, Ministry of Finance/Division, AGPR and Election Commission should work together and coordinate fully so that the order and direction of the court can be implemented within the stipulated period.
Similarly, the court directed the State Bank and the Ministry of Finance/Division to submit compliance reports by April 18, 2023 that its order has been complied with, and the report of the Ministry of Finance/Division should also include the same. Confirmation in respect of AGPR. Also, the Election Commission was directed to submit a report to the court on April 18 confirming that it has 21 billion rupees.
“We may also note that this order shall for all purposes be deemed to be sufficient authority to authorize expenditure on the Federal Consolidated Fund and thereafter the Federal Government shall require ex-post facto approval of the National Assembly and shall obtain approval. of Article 84 and other applicable provisions of the Constitution,” the court wrote in its order. In compliance with the final order issued by the court on April 12, Mansoor Usman Awan, Attorney General of Pakistan, Ms. Seema Kamil, Acting Governor State Bank, Inayat Hussain Chaudhry, Deputy Governor State Bank, Qadir Bakhsh, Director State Bank, Owais Manzoor Samra, Special Secretary. Finance Amir Mehmood, Additional Secretary Tanveer Butt, Additional Secretary Umar Hamid Khan, Secretary ECP Muhammad Arshad, DG Law ECP Zafar Iqbal, Special Secretary ECP Tafkhur Ali Asadi, ADG Budget appeared in the court. .
The court had on April 11 summoned the authorities after the Election Commission submitted a report to the Supreme Court regarding non-provision of election funds as the federal government had failed to release funds for holding elections in Punjab.
On Friday, the court appreciated the assistance provided by each official and adjourned the matter for the purposes of para 5 of the order passed on April 4, 2023 regarding provision of Rs 21 billion for elections, but If any need arose, it was stopped. , it shall be taken up again in such terms as it deems fit.
“As far as the matters identified in paras 6 and 7 of the order passed on April 4, those matters will be taken up once the report required by the Federal Government in terms of para 6 is filed and It will be considered by the Election Commission,” the court held.
“From the figures presented in court, the smallest of which ran into several hundreds of billions of rupees, it became clear that the disbursement of 21 billion rupees to meet the constitutional mandate of holding general elections, more than Rs. More than that, the court order states that the federal government’s responsibilities are marginally increased.
The court said that in fact, given certain financial context and context, which were explained by the finance team, this amount would be so insignificant that it would not even amount to a rounding-off error.
Officials from the Ministry of Finance confirmed that according to Article 84 of the Constitution, the federal government has full authority to make expenditures from the Federal Consolidated Fund, as well as, “expenditures on certain new services which are annually are not included in. Budget statement for the financial year concerned herein is the year ending 30.06.2023.
“For such expenditure, the Federal Government obtains ex-post facto approval and authorization from the National Assembly under the procedure immediately preceding Article 84 of the Constitution,” the order said.
“Considering all the above, we are of the view that there is no difficulty or hindrance to the Election Commission, either financially or procedurally or in terms of the relevant authorization under the Constitution, to immediately release Rs 21 billion. Punjab. and to fulfill its constitutional mandate to hold general elections to the KP Assemblies,” the court further wrote in its order.
Earlier, during the hearing, the Acting Governor State Bank submitted a statement to the court detailing the total funds and amounts of the Federation/Federal Government amounting to Rs. Bank
The balance details of the Federal Government as on 12 April 2023 are as follows:
Senior Account Number and Title Balance (Amount in Rs.) 1 Account I (Non-Food). 1,392,657,303,742.80
Account II (Food). 313,127,525.00
Account V (Saudi Arabia Spl. Loan) 4,124,000.00
Account VIII (Zakah) 4,325,797,446.00
Account X (Pakistan Baitul Mal Fund) 5,948.87
Account XVI (FATA Zakat Fund) 0.00
Account XII (Government Deposit (Escrow A/c) 5,276,000.00
Account XIV (Disbursements of the United Nations) 3,778,458,304.00
Account XV Special Transfer Account. 10,592,210.34
Account III (Pakistan Railway Scrap and Others) 449,636,509.19
Account XI (Pakistan Railway Pay) 140,346,378.00
Account XVII (Railways – Pension) 1,048,954,076.55
Account XVIII (Railways – PSDP) 6,558,091,558.71
Account XX (Pakistan Railways – Deposit Works) 657,607,308.00
Account XXI (Pakistan Railways – GP Fund) 11,140,890.00
Total 1,409,960461,897.46
The Acting Governor explained that this amount constituted the Federal Consolidated Fund (the “Fund”).
The amount in Account No. I (Non-Food) (“Account I”) is by far the largest share of the fund (98.77 per cent of the date for which data was provided).
It is further clarified that the amount in Account I is not earmarked for any special or special use.
Acting Governor was informed that as per para 5 of the order dated 4-4-2023 in the constitutional petition, an amount of Rs.21 billion was required for the purpose of general elections of Punjab and Khyber Pakhtunkhwa Assemblies and it was inquired that Whether this amount can be made available from the aforesaid funds of the Federal Government under the custody, control and management of the State Bank and with particular reference to Account I.
In addition, the National Assembly unanimously passed a resolution stating that the prerogative of Parliament to legislate cannot be usurped or interfered with.
The resolution was presented by the members of the People’s Party Assembly from Multan. Musa Gilani rejected the aggressive attempt by the Supreme Court of Pakistan to usurp the powers of the Parliament.
The resolution also expressed concern over the fixing of the Supreme Court’s Practice and Procedure Bill, which is yet to be enacted, for hearing before a controversial and one-sided eight-member bench. It said it was against the constitution and legal process, which showed haste and was reprehensible.
