Govt moves SC for acquiring dams fund

Court summons former AGPs for assistance in case

ISLAMABAD:

The federal government has approached the Supreme Court to acquire the amount deposited in the apex court's dams fund, assuring that the money would be spent for the sole purpose of construction of dams in the country.

Heading a four-member bench during a hearing on Wednesday, Chief Justice Qazi Faez Isa remarked that the court could not build dam, and added that during the case hearings, it would be decided whether or not to keep the funds in the account of the Supreme Court.

The bench heard various petitions relating to giving Diamer-Bhasha and Mohmand dams funds to the federal government. During the hearing, Additional Attorney General (AAG) Amir Rehman informed the court that the government had filed a separate application for dams fund.

In 2018, the Supreme Court took a suo motu notice during hearing of the cases related to the Water and Power Development Authority (Wapda). In this regard, a dams funds implementation bench of the Supreme Court was constituted, which held 17 hearings.

During the hearing, the chief justice asked Wapda's lawyer Advocate Saad Rasool whether all Wapda projects were monitored by the Supreme Court. On that the lawyer replied that there were disputes among the private parties on the issue of dams construction.

He informed the bench that the Supreme Court decided to hear the disputes of private parties rather than referring them to the relevant courts. He requested the bench that those disputes should be heard at the relevant judicial forums.

Responding to another court query, Advocate Saad Rasool said that an account was opened by the State Bank of Pakistan (SBP) under the supervision of the Supreme Court and around Rs20 billion was deposited in the fund. He added that the SBP could provide breakdown of money is the dams fund.

AAG Amir Rehman told the bench that in the separate application, the Supreme Court had been requested to transfer the money in the dams fund to the official account of Wapda in the National Bank or to the federal government.

Sitting on the bench, Justice Irfan Saadat Khan said that the case was heard by a five-member bench earlier, while the current bench comprised four judges. However, the chief justice explained that the Practice and Procedure Committee had approved a four-member bench for the hearing of the case.

Later, the court order stated that a joint petition was filed by the federal government and Wapda with the request to transfer the money to Wapda, adding that the federal government and Wapda had assured that the amount would be used for the construction of dams.

The court stated that it would be appropriate to call former attorneys general for Pakistan (AGPs) Khalid Javed Khan and Anwar Mansoor Khan, and dams fund case amicus curie Makhdoom Ali Khan at the next hearing of the case for assistance.

The court made the implementation report submitted by Wapda a part of the court record. In case of financial matters, the order further stated, the auditor general himself or through his representative should assist the court.