SC disposes of defence ministry's plea, orders govt to release election funds by April 27
Pakistan
CJP Bandial, Justice Muneeb Akhtar, Justice Ijazul Ahsan issue verdict
ISLAMABAD (Dunya News) – Supreme Court (SC) On Wednesday declared the Ministry of Defence's plea, seeking simultaneous elections in the country, inadmissible and again ordered the federal government to release Rs21 billion in supplementary grant to the ECP for polls by April 27.
A three member bench, headed by Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Muneeb Akhtar and Justice Ijazul Ahsan, issued a seven-page verdict wherein it was stated that "The Court requires that appropriate remedial measures be taken in full measure not later than 27.04.2023 and, in particular, by that date the sum of Rs21 billion be provided, in immediately available and realizable funds, to the Commission for the holding of the general elections to the Punjab and KP Assemblies."
Regarding the inadmissibility of the Defence Ministry's plea, the bench observed that, "...the Federal Government .. seeks to place on record a report, prepared by the Ministry of Defence, on the security situation in the country at the present time and for the next few months ... the relief sought is for the order dated 04.04.2023, whereby [the plea filed] was finally disposed of, be recalled. It was pointed out to the learned Attorney General that such an application could not be entertained nor relief granted, as [the plea] has been decided by final judgment. [It] is therefore disposed of as not maintainable."
On the release of election expenditures from the Federal Consolidated Fund, the court ruled, "...Article 84 allows and enables the Federal Government to make expenditures from the Fund for, inter alia, “expenditure upon some new service not included in the Annual Budget Statement” during any financial year. For such expenditure the Federal Government obtains ex post facto authorization from the National Assembly in the form of a Supplementary Budget Statement. ...the Federal Cabinet all along itself had the authority and power to authorise the expenditure of Rs21 billion from the Fund in order to enable the Federation to perform its constitutional obligations in relation to the general elections."
Earlier Proceedings
CJP Bandial had, earlier, remarked that the government’s move to reject its own demand through the National Assembly for provision of funds as supplementary grant to the ECP for polls in Punjab and Khyber Pakhtunkhwa could yield “dire outcomes”.
The top judge remarked that the rejection of grant was against the existence of the assembly, adding: “I hope the government will review its decision”. He remarked that this matter could cause unusual outcomes but the court did not want to jump to consequences.
The hearing began with recitation from the Holy Quran followed by a prayer by the top judge in which he sought Allah’s help in making correct decisions.
The chief justice remarked the matter related to elections continued to linger on and questioned, “If the government has given its executive job to parliament or not”. He later directed Attorney General for Pakistan Mansoor Usman Awan to read the report submitted by the Ministry of Finance on funds for elections.
The court was informed that an approval was sought from the government for supplementary grant but it was sent to parliament on the contrary.
The AGP said the standing committee on finance had issued directives to the government in this regard. To which, Justice Akhtar observed that the government held majority in the committee and how it could stop the release of grant. He remarked that the prime minister should hold majority in the assembly, adding that it was also a must for the government in financial matters.
“When the Constitution authorises the government to release funds, how can the National Assembly approve the resolution,” he asked. “Did the government ever fail to get approval for the supplementary government?” he asked.
Justice Akhtar said the finance ministry team repeatedly informed the government about rules for the approval for the supplementary grant as it had also cited the Article 84 of the Constitution. “Do you know the consequences of rejecting of the supplementary budget?” he added.
The AGP said the authority for approval of grant was with parliament, adding that the assembly had given its opinion by adopting a resolution.
At one point, the chief justice said the Election Commission of Pakistan (ECP) had expressed its inability to conduct elections before October this year, adding that the ECP had also pitched the idea of holding polls across the country simultaneously. He remarked that Pakistan had been facing terrorism since 1992 but elections had been held in preceding years.
He said the situation was much disturbed in 2008 due to assassination of former premier Benazir Bhutto in 2007, adding that there was also terrorism in 2013 when the polls were conducted.
“What kind of threat is there that elections cannot be held,” the top judge asked and remarked: “If anyone can give guarantee that situation will be calm in October for elections”.
Justice Ijazul Ahsan also remarked that elections were held in Britain during war.
Referring to the ministry’s petition, CJP Bandial said it had made a weird request of holding elections on same day. He remarked that the petition was inadmissible.
At one point, the attorney general said the government was making attempts to kickstart political dialogue in the country. He said all coalition parties, except one, had thrown their weight behind the talks, adding that Foreign Minister Bilawal Bhutto-Zardari would meet JUI-F chief Maulana Fazlur Rehman today to pursue him for talks.
He said the government and the PTI had formed committees to make ground for dialogue. The issue, he said, could be resolved if the court grant more time.
At which, the CJP endorsed the AGP’s statement and remarked that there was some movement in political system.
“The court can create some space if political parties agree on a point,” the top judge remarked, adding that May 14 – the date announced by the court for elections in Punjab - was approaching. He remarked it was the first time the government had come up with something positive. The top judge later issued notices to all political parties and adjourned the hearing till tomorrow (April 20)
Defence Ministry's Plea
In the plea, the defence ministry has requested the top court to recall its April 4 order that had fixed May 14 as the date for elections in Punjab.
The plea stated that “...the instant application may be granted, the order dated 04-04-2023 passed in C.P. No. 5/2023 may kindly be recalled with the directions that the general elections to the National and all Provincial Assemblies be held together, upon completion of the term of the National and the other two Provincial Assemblies i.e. of Sindh and Balochistan.”
Meanwhile, two citizens, Mohammad Arif and Sardar Kashif Khan, have also filed identical petitions in the top court, seeking elections across the country on the same day.
May 14 Punjab election fiasco
On April 5, the apex court had ordered the Election Commission of Pakistan (ECP) to hold elections in Punjab on May 14 and directed the federal government to release Rs21 billion in funds for holding elections until April 10, after the PTI moved the SC against delay in elections. The court subsequently ordered the ECP to present a report in this regard on April 11.
However, the federal government failed to comply with the order which resulted in the non-provision of funds to the ECP. As the ECP apprised the court of non-provision of funds, the court expressed resentment and issued notices to top government officials including Attorny General for Pakistan Mansoor Awan and State Bank of Pakistan Governor Jameel Ahmad.
On April 10, the Centre decided to take the matter of allocation of funds to parliament, and finance minister Ishaq Dar tabled the bill seeking approval of funds for holding elections.
As the officials responded on April 14, the court ordered the SBP to release RS21 billion in funds from the Federal Consolidated Fund until April 17 and submit a report in this regard on April 18. However, the SBP also failed to meet the deadline.
But, on April 18, the issue of allocation of funds became more complicated as the NA Standing Committee on Finance and Revenue sent the summary, presented by federal law minister Azam Nazir Tarar before the NA, recommending non-provision of funds for elections to the ECP to the federal cabinet. The federal cabinet, in turn, sent it back to the parliament. It later culminated in the NA’s approval of the summary.
Minister of State for Finance and Revenue Dr Aisha Ghaus-Pasha said the allocation of funds required approval from parliament. “Without the approval of parliament, no bill or budget has any legal authenticity."
Army's excuse from providing security
It merits mention that the Ministry of Defence had, earlier, apprised the ECP that the army would not be available for election duty due to the ongoing security situation in the country and on the borders.
