Govt in a fix on PHC judgment over funds allocation for uplift schemes

PESHAWAR: The Khyber Pakhtunkhwa government is yet to decide whether to move the Supreme Court against the Peshawar High Court (PHC) verdict or formulate rules for the allocation of development schemes for equal distribution within seven days.

Sources told The News the Khyber Pakhtunkhwa government was undecided over the issue even on the fifth day of the decision. When contacted, Advocate General, Khyber Pakhtunkhwa, Shumail Ahmad Butt confirmed that the court had given seven days to the government to make the rules.

He said only three days were left to decide whether to challenge the decision or formulate the rules. However, he said, the formulation of the rules would take time. The PHC had on September 25 announced the detailed judgment. It had directed the Khyber Pakhtunkhwa government to formulate rules for the allocation of development schemes within seven days.

The court had restricted the release of all development funds until and unless rules were formulated.

"In future, especially for the financial year 2019-20, quarter concerned shall formulate the rules/regulations within seven days from the receipt of this judgment for allocations of schemes, umbrella schemes, etc to protect the rights of all individuals and preferably representatives (MPAs) equally. Meanwhile, all developmental funds (including foreign developmental funds) in this respect shall not be distributed or released," a division bench headed by PHC Chief Justice Waqar Ahmad Seth had ruled in its detailed judgment. The judgment was passed on a petition jointly filed by 34 opposition lawmakers of Khyber Pakhtunkhwa Assembly.

The legislators included the leader of the opposition Akram Khan Durrani, Jamaat-i-Islami MPA Inayatullah Khan, PML-N lawmaker Jamshed Mohmand, ANP's MPAs Sardar Hussain Babak and Khushdil Khan and others.

The lawmakers had taken the plea that the distribution of development funds by the chief minister in the 2018-19 budget, especially the umbrella schemes reflected as "block allocation" in the budgetary documents, was unjust.

The court declared in the judgment that the allocation of funds of the Annual Development Programme (ADP), umbrella schemes, etc. was made based on discrimination. The government was warned to be careful about it in future.

In the judgment, the high court had stated that the KP government's 'implementation of hundred-day plan' worth Rs1,099 million was devoid of vital details. The bench had observed that the funds allocated for another scheme, the establishment of 10 government colleges for boys and girls in KP, were spent in the hometown of the chief minister and other members of the ruling Pakistan Tehreek-e-Insaf (PTI).