KP govt put on notice for allocating Rs283m fund for Jhagra’s constituency

PESHAWAR: The Peshawar High Court (PHC) on Monday issued a notice to provincial government directing it to explain under what law and rules the Khyber Pakhtunkhwa chief minister has directly allocated a huge amount of Rs283 million for finance minister's constituency.

A division bench comprising Justice Muhammad Ishtiaq Ibrahim and Justice Shakeel Ahmad issued the notice to the provincial government through chief secretary in a writ petition. The petition was filed against the direct allocation to the party's minister against the law and seeking suspension of the said allocation till a final decision in the case.

The court issued a notice in a writ petition filed by Awami National Party Members Provincial Assembly, Khushdil Khan from PK-70, Salahuddin Mohmand from PK-71 and Samar Bilour from PK-78.

They questioned the direct huge allocation by the chief minister by using discretionary powers to party minister and ignoring constituencies of the opposition members of the assembly. It is pertinent to mention that the PHC has already stopped the Khyber Pakhtunkhwa chief minister from allocating funds using discretionary powers, but the order was for the funds of the financial year 2018-19 as the opposition of the assembly had only challenged the use of funds for the previous financial year.

It was submitted in the petition that a huge amount of Rs283 million have been allocated to a single constituency of respondent No 2 (finance minister) PK-73 and his home village namely "Meira Kachori and Jhagra" fall in PK-69 Peshawar on the directives of respondent No 1 (provincial government) for different works in the said constituency.

"The petitioners have seriously objected and opposed these schemes not only on the basis of discrimination and favouritism but also in violation of law and rules on the subject and misusing of the public money," the opposition lawmaker stated.

It was pointed out before the bench that petitioner No 1 (Khushdil Khan) has also written a letter on June 22, this year to the chief minister under registered post for his unjustified allocation of such huge amount to a member of his cabinet for single constituency PK-73 and his home village, but the same remained unattended.

During the arguments, Khushdil Khan submitted before the court that Peshawar Development Authority DG got published a notice in a local daily newspaper on July 2 and invited e-tenders from the contractors for the execution of the works mentioned therein in the constituency of the finance minister.

He pointed out that the allocation a huge fund by the chief minister to his cabinet member is not only based on discrimination and favouritism, but also in violation of law and rules and liable to be cancelled.

The petitioners stated that the impugned schemes sanctioned out of PIF (2018-19), which stands for Public Investment Fund, but this fund neither figured in the ADP 2018-19 and onward nor the same fund have been approved by the Provincial Assembly in any respect.

It said that the same fund has been managed in a clandestine manner by the chief minister through his directives for facilitating the finance minister at the cost of others, which is unfair, unjust and against the rights of people of other constituencies of Peshawar district, including the petitioners.

The lawmakers pointed out before the court that most of the areas of PK-73 are developed and posh comprising Hayatabad and University Town and on the other in each budget, a huge amount is being allocated to the PDA for the execution of works like repair, etc.

They said constituencies of PK-70 and 71 have been adversely affected by militancy activities since 2008 and the infrastructure has been destroyed, which needs the immediate attention of the government. But for political differences, even a single penny has not been allocated to the constituencies of the petitioners, which is unfair and discriminatory.

The petitioners prayed before the court to declare the allocated fund to the finance minister for a single constituency as illegal and unconstitutional and against the rights of the people of other constituencies.