PHC asks federal govt, others to submit reply

Non-implementation of govt orders

PESHAWAR: The Peshawar High Court (PHC) on Friday asked the federal government, additional chief secretary Fata and political agents of all the tribal agencies to submit reply in a writ petition filed for implementation of the government’s standing orders on transparency and audit in the Agency Political Welfare Fund.

A division bench comprising Justice Nisar Husain Khan and Justice Muhammad Ibrahim Khan said the court would decide the matter on the basis of available record if the reply was not submitted.

The court gave final chance to the government for contesting the case as more than two years had passed but none of the respondents filed reply in the case despite repeated notices.

The Peoples Accountability Forum Fata had filed the writ petition through its chairman Ghani Gul Mehsud and coordinator Malik Inayatullah Afridi.

The petition is seeking directions from the high court to the federal government and Fata Secretariat to implement the notification of the Khyber Pakhtunkhwa (KP) governor regarding audit and transparency of the Agency Political Welfare Fund.

The Federation through Principal Secretary to President, Ministry of States and Frontier Regions, Ministry of Interior, Principal Secretary to Governor KP, Additional Chief Secretary Fata, Accountant General and political agents of all the tribal agencies were made parties in the petition.

During the course of hearing, Shakeel Ahmad, the counsel for the petitioners, submitted that Fata Secretariat on April 14, 2014 issued Standing Order of Governor Khyber Pakhtunkhwa for political authorities of all the tribal agencies through a notification which stated that funds would be issued through receipts and record of all expenditure would be maintained and submitted in the Fata Secretariat on monthly basis.

It was stated that all political agents and deputy commissioners of Frontier Regions shall print machine readable permits/rahdaris and details of that shall be communicated to Fata Secretariat on monthly basis along with monthly reconciled statements of receipts and expenditures.

It was stated that the mode of receipts shall be bank deposit and expenditures through cross cheques duly supported by vouchers, if any.

It was stated in the standing order that a receipt register shall be maintained on a daily basis showing items receipt of the funds duly signed by political agents and deputy commissioners in Frontier Regions.

It said that entry points shall be notified through which authorised goods are transported and proper register of receipts shall be maintained.

It was also stated in the standing orders that the political agent shall carry out periodic inspections of the funds and undertake annual internal audit and maintain proper record.

It said that an endowment fund shall be raised at each agency and Frontier Region level to provide financial assistant to the poor people and endowment fund be regulated through proper rules to be notified by ACS Fata.

It was stated that implementation of the standing orders of Agency Political Welfare Fund was necessary for the welfare of the deserving people of Fata.

Presently, the petitioners claimed that welfare funds of the tribal agencies were being misused and were provided on plain chits as no record of the funds was maintained.

It said the political agents were acting blatantly and in violation of the fundamental rights of the people of Fata and abusing the powers as public custodians.

It said that the people of Fata were facing humiliation, poverty, degradation and discrimination by the actions of the respondents.

The petitioners prayed before the high court to restrain the respondents from acting in violation of Agency Political Welfare Fund.