The Chief Justice of Pakistan on Wednesday Supreme Court Dems Funds He raised important questions regarding the mark-up of the money held in private banks and sought assistance from the federal government and WAPDA in this regard.
The Supreme Court I bhasha and Mohmand Dam A four-member bench headed by Chief Justice Qazi Faiz Isa heard the case related to the transfer of money in the account created for
At the beginning of the hearing, the Additional Auditor told the court that the Supreme Court cannot keep the dams funds, as per the order of the Supreme Court, the Prime Minister and the Chief Justice opened the dams funds account, the registrar used to look after the Supreme Court account. Investigation revealed no irregularities in dams funds and markup.
Chief Justice Qazi Faiz Isa objected to the name of the account because it is a private bank account in the name of the Prime Minister and the Chief Justice. He said that it has always been my practice not to give priority to judicial decisions instead of the constitution and law. We are not hearing revisions, only seeing whether the Supreme Court can keep the funds or not.’
In the last hearing, the Supreme Court had also summoned two former Attorney Generals of the time for assistance on the issue of transfer of dam funds.
Former Attorney General Khalid Javed Khan said that there is no objection to changing the name of the funds account, dams funds should be used for dams instead of government use, when the dams funds case was going on, Article 184 The extension of the authority of clause three was to the whole country.
The Additional Auditor General further said that ‘if the demesne funds go to the public account, markup cannot be taken.’
Chief Justice of Pakistan inquired whether funds can be kept in private banks for markup from public account. ‘
The Additional Auditor General replied that he had never seen anything like this in his 37-year career.
The legal advisor State Bank told the court that ‘the dams fund currently has a total amount of more than 23 billion rupees, the amount coming into the fund is 11 billion while the markup on it is more than 12 billion rupees.’
The Chief Justice asked the state authorities that ‘who pays the markup?’ Additional Auditor General Ghafran Memon told the court that the government pays through markup bills. Dams funds have been fully investigated, there was no misappropriation.’
The Chief Justice raised the point that ‘how and why is the government giving itself a markup?’
On this, Additional Attorney General Aamir Rehman said that ‘markup is given on the money that the government uses.’
The Chief Justice remarked that the burden of mark-up on the government is being happy that 11 billion rupees have increased to 23 billion, this is an eye-opener.
“We have submitted 19 implementation reports since 2018,” counsel WAPDA told the court.
The Chief Justice, speaking to WAPDA’s lawyer, said that in which jurisdiction the Supreme Court kept asking for the progress report of dams construction? Is there any mention of the constitution of the implementation bench?’
WAPDA lawyer Saad Rasool replied that ‘the purpose of the court was only to ensure the implementation of the order for the construction of dams. There is no mention of an implementation bench in the constitution but there is no restriction either.
The Chief Justice remarked that many things are done in Pakistan without the constitution and law. I took the oath of supremacy and implementation of the Constitution, not judicial decisions.
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Former Attorney General Khalid Javed Khan told the court that ‘the concept of implementation bench started with the Karachi riots case, the Supreme Court asked for progress reports under the jurisdiction of Article 184/3 of the Constitution.’
Can the amount of dams funds be given to the government? When the Chief Justice inquired, the former Attorney General opposed giving the amount of dams funds to the government, while the Additional Attorney said that the amount of dams fund should go to WAPDA through the government’s public account.
Justice Naeem Afghan remarked on this occasion that ‘the financial condition of the government is not good, what will happen if it does not give the money to WAPDA?’
The Chief Justice directed WAPDA’s counsel, auditor general and attorney general’s representatives to suggest a workable solution to the problem, the court adjourned the hearing till Friday, October 11, seeking workable suggestions.
Last month, an application was filed in the Supreme Court on behalf of the Federation that the dams funds should be given to the Federation and WAPDA, the account was opened by the State Bank under the supervision of the Supreme Court.
How was the dams funds case started?
The Supreme Court had taken suo motu notice of the matter in 2018 during the pending cases of WAPDA.
At that time, Justice Saqib Nisar was the Chief Justice of Pakistan.
In July 2018, a four-member bench headed by former Supreme Court Chief Justice Saqib Nisar ordered the immediate construction of Diamar Bhasha Dam and Mohmand Dam and set up a committee under the chairmanship of WAPDA.
Former Chief Justice Saqib Nisar had appealed to Pakistanis living inside and outside the country to donate for the construction of dams and announced to give 1 million rupees on his behalf.
The Supreme Court had directed to create a special account for donations under the supervision of the Registrar Supreme Court for the construction of dams.
All institutions including the Pakistan Army had dedicated money from their salaries to the dam fund, while Pakistanis living abroad had also sent substantial amounts to the dam fund.
Later, the five-member bench of the Supreme Court on implementation of dams funds also held 17 hearings.
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