Non-provision of funds for Punjab polls: CJP summons SBP governor, finance secretary tomorrow

ISLAMABAD: The Supreme Court on Wednesday took a strong exception to the failure of the federal government to provide Rs21 billion to the Election Commission of Pakistan (ECP) by April 10 for holding a provincial assembly election in Punjab and Khyber-Pakhtunkhwa, and warned that every person who instigated defiance of the court could be held liable and accountable.

“The failure of the federal government to comply with the order of the court is prima facie disobedience,” CJP Bandial remarked while passing the order in his chamber.

The court issued notices to the State Bank of Pakistan governor and the next senior-most officials of the bank, to appear in person (in the chamber) on Friday, April 14, 2023, at 11 am.

The court also issued notices to the Attorney General for Pakistan (AGP) and ECP secretary to appear before the court. The court directed the SBP governor and other officials to bring with them the record and details of all monies whatsoever, of the federation/federal government lying with or under the control, custody or management of the bank under any law, rule, practice or agreement, including in particular (but without limitation) in terms of (1), the Federal Government Receipt and Payment Rules , 2021 (with specific reference to rules 3 and 4 thereof), framed under the Public Finance Management Act, 2019 and the State Bank of Pakistan Act 1956.

The court held that the consequences that could flow from such prima facie defiance of the court were well settled and known, adding that every person who embarked upon encouraged or instigated disobedience or defiance of the court could be held accountable.

The court held that the result of the present prima facie disobedience was that yet again, the holding of general election in a timely manner, as mandated by the Constitution, might be put in jeopardy. “The question of the provision of funds for such a vital constitutional purpose is something that requires immediate attention which takes priority over proceedings against those who may have committed contempt of the court,” said the order.

The court also issued a notice to AGP to appear before it in the chamber on April 14 besides issuing notices to the secretary, Ministry of Finance and the next most senior officials of the said ministry for both to appear in person before it on the said date and time. “These officials should bring with them all the relevant records and place before the court a detailed report as to why the order passed in the constitutional petitions relating to delay in election in Punjab and Khyber-Pakhtunkhwa had not been complied with, as stated by the Commission [ECP],” the court noted in its order.

It also issued a notice to the secretary and director general (law) of the Election Commission of Pakistan to appear in person before it on the same date with full record pertaining to the general election to the Punjab and KP assemblies.

In pursuance of an apex court order passed on April 4, the ECP submitted a report regarding the non-provision of election funds as the federal government failed to release the finances to hold polls in Punjab. The report was submitted to the Registrar’s Office in a sealed envelope, saying that the federal government had not provided funds for the polls. The SC registrar later sent the ECP report to the chambers of Chief Justice Umer Ata Bandial, Justice Ijazul Ahsen and Justice Munib Akhtar.

On April 4, a three-member SC bench, headed by Chief Justice Umer Ata Bandial and comprising Justice Ijazul Ahsen and Justice Munib Akhtar, declared as unconstitutional the order of ECP, passed on March 22, 2023, postponing the election in Punjab till October 8 and fixed May 14 the date for polls in the province.

The court had held that polls would be held in Punjab on May 14 and directed the federal government to provide and release the sum of Rs21 billion to the ECP for holding the general election in the Punjab and KP assemblies.