SC questions govt authority of implementing Kissan Package

Islamabad

The Supreme Court on Wednesday questioned the government’s authority by implementing Kissan Package without approval of the Parliament.

A two-member bench of the apex court headed by Justice Ejaz Afzal heard the federal government appeal against December 8, 2015 judgment of the Peshawar High Court which had ruled that there should be no discrimination in distribution of subsidy to fertilizer producers.

The court asked the Attorney General to argue today (Thursday) as to whether the government could issue funds without approval of the Parliament.

During the course of hearing Justice Qazi Faez Isa questioned as to whether the government has authority to issue such funds without the approval of the Parliament. 

He said that approval for the supplementary grant must be obtained besides the financial budget.

"It seems the government is by-passing the Parliament when billions of rupees for Kissan package were issued without any law”, Justice Isa remarked adding that if the Parliament does not approve the supplementary grant then who would deposit this money in the national kitty. 

He further observed that when the government has majority in the Parliament then why it had not obtained the approval of Kissan package.

We would have no objection that after the Parliament’s approval the government may spend Rs20 billion in one day, Justice Qazi Faez Isa said adding that the money in the national exchequer is of public taxes, adding the national exchequer is not of any individual. 

The court questioned why Kissan package was not tabled in the Parliament and why the legislature had been by-passed. Similarly, the court observed that it was not the prerogative of the government to issue billions of rupees without Parliament approval.

Th Counsel representing Pak-China Fertilizer said that the government had made discrimination in granting subsidy. Justice Qazi asked the attorney general to recommend to the government to legislate laws for subsidy, adding if there is no law presently then everyone should be given subsidy.

Attorney general Ashtar Ausaf submitted that they would consider the court proposal however, he said  the subsidy is given through notification.  Later, the court adjourned the hearing till today (Thursday).