The Supreme Court of Pakistan has issued notices to the State Bank of Pakistan Governor, Attorney General for Pakistan, Finance Secretary, and the Election Commission of Pakistan over the government’s failure to release Rs 21 billion in funds for the general elections in Punjab and Khyber Pakhtunkhwa. The apex court has asked the officials to appear before the judges’ chamber on April 14. In an earlier verdict, the apex court had directed the government to provide the required funds to the Election Commission of Pakistan to conduct the elections by April 10. However, the ECP reported the government’s reluctance to issue the amount, and the government has referred the matter to Parliament to decide. The government’s hesitation in issuing funds is being interpreted as an attempt to delay the elections, which has led to resolutions being passed by lawmakers seeking simultaneous elections across the country.
The Supreme Court has noted that the failure of the federal government to comply with the order of the court as aforesaid is prima facie disobedience, and the consequences of such defiance of the court are well established. The disobedience by the federal government would put the conduct of timely elections as mandated by the Constitution in jeopardy. The question of providing funds for such a vital constitutional purpose is something that requires immediate attention and takes priority over proceeding against those who may have committed contempt of the court. Consequently, the court issued a notice to the State Bank of Pakistan Governor and the next senior most official of the bank, instructing 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 Attorney General, Finance Secretary, and the “next most senior official” in the Ministry of Finance for an in-person appearance on the same day. The officials are expected to bring all relevant records and 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.
The ECP has been directed to prepare and submit the full record pertaining to the general elections to the Punjab and KP assemblies. The contents of the report submitted by the ECP in court yesterday are not known, but a source privy to the information told Dawn that the report informed the apex court about the government’s reluctance to issue the Rs 21 billion needed for the purpose. The report also stated that the caretaker government of Punjab had informed the election watchdog that due to resource constraints, the government could only sanction 75,000 security personnel against the demand for 300,000 security forces.
Earlier this week, Finance Minister Ishaq Dar tabled a bill in the National Assembly and Senate seeking the release of funds for holding elections in Punjab and KP. The bill stated that funds required for conducting elections in both the provinces shall be “an expenditure charged upon the Federal Consolidated Fund (FCF)”. The bill also stated that it shall “override other laws” and have effect “notwithstanding anything contained in any other law, rules, and regulations” when it was in force. 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.
It remains to be seen how the situation unfolds, given the apex court's firm stance on the matter. In any case, the prompt release of the required funds is essential to ensure that the elections are conducted in a timely and fair manner, in keeping with Pakistan’s democratic ideals.
No comments:
Post a Comment