PESHAWAR: The Peshawar High Court (PHC) has stopped the Khyber Pakhtunkhwa government from the distribution or releasing all development funds till formulation of rules/regulations for allocation of uplift schemes so as to protect the rights of all individuals and preferably representatives in the provincial assembly equally.
The directions were issued in a detailed judgment passed by a division bench comprising Chief Justice Waqar Ahmad Seth and Justice Abdul Shakoor in a writ petition. The leader of the opposition in the KP Assembly Akram Khan Durrani and others including PML-N MPA Jamshed Mohmand, ANP Khushdil Khan and others had filed the petition.
They had sought an order to declare the umbrella schemes, which are reflected in the 2018-19 ADP as “block allocations” and which fails to mention specifications about site and location as being unfair, biased and discriminatory and against the settled principle of social-economic justice.
The other please of the opposition in the KP Assembly are to strike down “Block Allocations” that are reflected in the 2018-19 ADP under the garb of Umbrella Schemes on the basis of discrimination and direct that the funds allocated under Umbrella Schemes must be distributed in a fair, just and equal manner amongst all members of the assembly, irrespective of party affiliation or political considerations and to directed respondents to allocate, distribute and release developmental funds and foreign funds/aid amongst all the members of the assembly in a fair, just and equal manner without any discrimination on the basis of political affiliations or consideration.
“This court is not inclined to grant the relief so sought by the petitioners, for the schemes for the session 2018-19 however, while disposing of instant constitutional petition we observe that whatever done in 2018-19 is against the law, precedent and the mandate, on the subject.
However, in future, especially for the financial year 2019-20, quarter concerned shall formulate the Rules/Regulations within seven days from receipt of this judgment, for allocation of schemes, Umbrella Schemes, etc, so that to protect the rights of all individuals and preferably representatives, equally,” a division bench ruled this in a 16-page detailed judgment passed in the petition of the Opposition members of the KP Assembly against what they claimed unjust distribution of funds by the PTI government.
In the meanwhile, the high court ruled that all developmental funds including the foreign developmental funds in this respect shall not be distributed or released and disposed of the petition in the above terms, accordingly.
Advocate Amir Javed argued the case for the opposition members in the KP Assembly, while Advocate General Khyber Pakhtunkhwa argued the government stance in the case. “We have been informed by the Advocate General that the budget has been authenticated by now and as such further discussion on 2018-19 schemes would be a futile exercise. Since the budget has been authenticated, therefore, the matter is a closed chapter by now however, it is held that the allocation of funds of ADP, Umbrella Schemes, etc were made based on discrimination,” the court explained in the judgment. However, the court warned the government to be careful in future for the allocation of funds based on discrimination.
