Violating ban: K-P stopped from utilising development funds

PHC directs govt, PESCO officials to submit a reply by next hearing

PESHAWAR: In what could spell disaster for the ongoing mega projects in the province, a court on Tuesday restrained the provincial government from utilising the developmental funds, especially in the national assembly constituency 27.

An order to this effect was issued by a two-Judge bench of the Peshawar High Court (PHC) comprising Justice Ikramullah Khan and Justice Musarat Hilali while hearing a petition filed by Pakistan People Party (PPP) leader Asma Alamgir.

In her writ petition, filed through advocate Shahid Mahmood, Alamgir alleged that despite a ban by the top poll body — the Election Commission of Pakistan (ECP) — on the use of developmental funds, the provincial government was still actively spending public money through its unelected leader, Noor Alam Khan, in NA-27.

Alamgir said that the ECP has already issued a proposed schedule of the 2018 general elections. Hence, the use of funds on projects, especially on electricity projects at the local level in NA-27, is a violation of the election code of conduct.

“It is tantamount to pre-poll rigging,” argued Mahmood.

“It is against the code of conduct of elections rules,” he added.

The petitioner added that they have already filed a complaint before the ECP but have so far received no response.

The petitioner told the bench that allocation of funds by the K-P government to an unelected person has raised serious questions on the rule of the K-P government and the provincial election commissioner, despite the fact that repeated complaints were filed by the petitioner.

“Free and fair elections will not be possible if the PTI is not stopped from utilising the [development] funds illegally and unconstitutionally.”

The two-Judge bench of the PHC asked how, despite a ban by ECP, developmental funds were being spent via an unelected person.

“Is the K-P government distributing funds amongst their favourites,” asked Justice Hilali.

The court directed the K-P government and officials of the Peshawar Electric Supply Company (PESCO) to submit replies by the next hearing of the case.

Published in The Express Tribune, May 22^nd, 2018.