Accepted practice?: Court takes up complaint against uplift fund politics

Admitting constitutional petition by the provincial speaker, BHC orders govt to stop release of funds to MPA.

QUETTA:

Accusations of the government using the release of development funds as leverage against parliamentarians have long circulated among the political circles of the country – viewed now almost as a fait accompli for opposition and out-of-favour legislators.

However, the Balochistan Assembly speaker may not be willing to let one such incident go easily, and has taken the matter to court – and has managed to get some response.

The Balochistan High Court (BHC) on Monday admitted a constitutional petition by Balochistan Assembly Speaker Aslam Bhotani who charged a member of the house of accepting an offer from the government to release ‘delayed’ funds in exchange for support for selected candidates in the Senate elections.

Bhotani said that MPA Pir Abdul Qadir Gilani, who belongs to the Pakistan Muslim League-Quaid (PML-Q), had admitted on the media that he was going to vote for Pakistan Peoples Party (PPP) candidates  after the government had assured him of releasing Rs260 million in provision of different MPA schemes.

Gilani had stated that he was to receive Rs650 million as no funds had been given during the last four years. Bhotani charged that such acts are considered to be horse-trading and his election must be declared null and void.

A division bench of the BHC, comprising Chief Justice Qazi Faez Isa and Justice Qadir Mengal, taking up the matter has directed the government to stop the issuance of the funds to Gilani until the matter is heard. In addition, the court also decided to look at the matter in the larger picture, seeking by March 12 details of the release of funds to Balochistan Assembly members.

Though it may be the first time such a case is being taken up by the court, Gilani’s case is not a new one. As recently as the passage of the 20th amendment, reports were rife about the government enticing legislators in the Senate to pass the bill as soon as possible by offering to ‘release funds’ for their constituencies.

Senator Pervez Rashid recently wrote a letter to the media regarding these reports – and in his clarification ended up detailing the dynamics of such deals.

“The news regarding provision of funds to senators by the federal government during the approval of 20th constitutional amendment by the Senate were out of context and created the impression that these funds have been released to the senators in personal capacity and I, as a senator, was surprised since the factual position is contrary to it. The fact is that these funds were not new but were the same funds which are given to the concerned departments against various development schemes proposed by parliamentarians every year and a senator or member assembly only identifies these schemes. Implementation on these development projects … is the responsibility of that department to which these funds are given. This department prepares PC-I, process tendering and utilise funds for proposed development schemes.

“The impression was created in the media as if these funds were given to the senators in cash for their personal use… no cash is given to any senator or member parliament. In fact, parliamentarians submit development projects according to the demands and needs of the people and the government, after approval, provides funds to the concerned departments for their implementation.

“However the federal government was delaying on one pretext or the other and the period of allocated funds was near to collapse. There was apprehension that these funds will be transferred to the Benazir Income Support Programme. In this context, the senators who were being retired in March put pressure on the federal government that the welfare and development schemes proposed by them in various sectors be completed. “

Of course, the use of development funds is also a potent campaigning tool – and with the general elections expected inside the next year or so, they become all the more important for legislators and parities looking to get reelected.

Published in The Express Tribune, March 6^th, 2012.