SC summons top officials over polls funds

Warns consequences for 'breaching court orders' apparent in law

ISLAMABAD:

 

The apex court has summoned the attorney general for Pakistan (AGP), the finance secretary, the State Bank of Pakistan (SBP) governor and the Election Commission of Pakistan (ECP) secretary over the government’s failure to release Rs21 billion to the polls supervisory authority to hold elections in Punjab and Khyber-Pakhtunkhwa.

In its notices issued on Wednesday, the apex court has asked the officials to appear in the chief justice’s chamber on April 14 [tomorrow].

Hearing the Pakistan Tehreek-e-Insaf (PTI) petition against the ECP’s March 22 notification, postponing polls in Punjab, a three-judge SC bench on April 4 instructed the government to provide the ECP the requisite funds for elections by April 10 and ordered the ECP to submit a compliance report to the SC by April 11.

A day earlier, the ECP in its report to the top court highlighted that the government had failed to disburse the funds and was reluctant to provide the money.

Conversely, the government referred the matter to parliament.

In a notice issued by the SC’s registrar on Wednesday, the top court noted that the ECP report had mentioned that “no funds have at all been released and provided to it as required by the order of the court”.

It added that the consequences for "breaching court orders" were apparent in the law.

“The failure of the federal government to comply with the order of the court as aforesaid is prima facie disobedience. The consequences that can flow from such prima facie defiance of the court are well settled and known,” it stated.
It added that anyone who instigated disobedience or defied the court could be held accountable.

The SC observed that the “disobedience” by the federal government would place the holding of timely elections as mandated by the Constitution in “jeopardy”.

“The question of the provision of funds for such a vital constitutional purpose is something that requires immediate attention which takes priority over proceeding against those who may have committed contempt of the court,” the notice read.

The court ordered the SBP governor and his next most senior official to bring all the details of the funds owned by the federal government lying with or under the control, custody or management of the central bank.

It also directed the AGP, finance secretary and the "next most senior official in the finance ministry” to provide the relevant records and inquire why the orders of the SC were not followed.

“The said officials shall bring with them all the relevant record and shall place before the court a detailed report as to why the order of the court made in para 5 of Const. P. 5/2023 has not been complied with, as stated by the commission,” the notice stated.

Furthermore, the apex court directed the ECP secretary and electoral watchdog’s director general law to provide all the records related to the Punjab and K-P elections and prepare for the polls.

The ECP, in its report, informed the SC that it had not yet received the funds to be able to hold the elections in Punjab in order to meet the May 14 deadline set by the apex court. It added that it was facing difficulties in issuing the schedule for the polls because of the lack of funds.