The Supreme Court sought assistance from the federal government and WAPDA in the Dia Mir Bhasha and Mohmand Dams Funds case. During the hearing, Chief Justice Qazi Faiz Isa remarked that many things are done in Pakistan without the law. Oath was taken or not for court decisions, support under the constitution instead of political matters, will not go to the Supreme Court order, when strange things are happening in the Supreme Court, no one objects.
A 3-member bench of the Supreme Court headed by Chief Justice of Pakistan Justice Qazi Faiz Isa heard the case related to the funds of Diamir Bhasha and Mohmand Dams.
During the hearing, the Supreme Court inquired whether dams funds can be kept in private banks for markup? The court sought assistance from the federal government and WAPDA.
The Additional Auditor General told the court that the Supreme Court cannot keep the Dams Funds, the Prime Minister and Chief Justice Dams Funds account was opened under the Supreme Court order, the Registrar used to look after the Supreme Court account. There was no irregularity in the funds and mark-up of the air dams.
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The Chief Justice of Pakistan remarked that the title of the account is inappropriate, it has always been my practice that judicial decisions should not be given priority over the constitution and law.
WAPDA counsel told the court that we have submitted 19 implementation reports since 2018.
Justice Qazi Faiz Isa remarked that we are not listening to the review, we are only looking at whether the Supreme Court can keep the funds or not, to which former Attorney General Khalid Javed Khan said that there is no objection to the name of the account of the funds being changed. , Newspapers are publishing a lot these days.
The Chief Justice of Pakistan remarked that you will not be allowed to read the newspaper in the court nor will you read the newspaper here, instead of political matters, support under the constitution.
The former Attorney General said that dams funds should be used for dams instead of government use, when the dams funds case was going on, the authority of clause 3 of Article 184 was extended to the entire country.
The Additional Attorney General said that if the dams funds go to the public account, markup cannot be taken. On this, the Chief Justice asked whether the funds can be kept in private banks for markup from the public account. On which the Additional Auditor General said that he had never seen such a thing in his 37 years of service.
Chief Justice Qazi Faiz Isa said that we will not go to the Supreme Court’s order regarding the construction of dams.
On this occasion, the lawyer of the victims said in the court that the third party disputes are also connected with the case, on which the Chief Justice remarked that you did not file the revision at a time when strange things were happening in the Supreme Court. There is no objection at this time.
During the hearing, the legal advisor of the State Bank told the court that there is a total amount of more than 23 billion rupees in the dams funds. The amount coming into the funds is 11 billion while the markup on it is more than 12 billion rupees.
Chief Justice Qazi Faiz Isa asked the state authorities who pays the markup? On which Additional Auditor General Ghafran Memon said that the government pays through mark-up T-bills, the dams fund has been fully investigated, there was no misappropriation.
The Chief Justice of Pakistan asked how and why the government is giving itself a markup. To which Additional Attorney General Aamir Rehman replied that the markup is given on the money that the government uses.
Justice Qazi Faiz Isa remarked that the burden of mark-up on the government should be happy that 11 billion rupees have increased to 23 billion, this is a matter of eye-opening, can the Supreme Court keep the money in the dams fund. , on which the Additional Auditor General said that the dams fund money should go to WAPDA through the government’s public account.
Justice Naeem Afghan inquired that the financial condition of the government is not good, what will happen if the money is not given to WAPDA?
The Chief Justice inquired that in which jurisdiction the Supreme Court kept asking for the progress report of the construction of dams? To which WAPDA’s lawyer Saad Rasool replied that the purpose of the court was only to ensure the execution of the order for the construction of dams.
The Chief Justice asked that there is any mention of the constitution of the implementation bench to which the WAPDA lawyer said that there is no mention of the implementation bench in the constitution but there is no restriction either.
The Chief Justice said that many things are done in Pakistan without the Constitution and the law, to which former Attorney General Khalid Javed said that the concept of implementation bench was started from the Karachi riots case, the Chief Justice said that I took the oath of the Constitution. Supremacy and implementation were raised, not judicial decisions.
Later, the case was adjourned till Friday.
It may be noted that the Supreme Court sought the opinion of legal experts regarding the continuation of monitoring of the accounts opened under its 2018 order to generate funds for the construction of Diamer Bhasha and Mohmand dams.
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