Rental Power Project case: SC orders action against Raja Ashraf

Govt grants must follow procedure in Articles 80-84, observes apex court in detailed verdict.

ISLAMABAD:

The Supreme Court ordered the initiation of criminal proceedings against former prime minister Raja Pervaiz Ashraf, among other legislators, for allegedly distributing billions of rupees on account of developmental funds.

The SC also authorised investigations against those who made feasibility reports for the funds or violated the Public Procurement Regulatory Authority (PPRA) rules in its distribution.

“The existing laws don’t allow legislators and notables to use funds that may be released under the sole discretion of the head of the federal government as well as the heads of all federating units,” it observed. “The federal government is bound to establish the procedure and criteria for governing allocation of such funds for this purpose.”

The three-member bench made these observations in its 38-page judgment in a suo motu case, which was initiated over media reports claiming that former prime minister Raja Pervez Ashraf had doled out billions of rupees in the form of development funds ten days after completing his tenure.



The Chief Justice, who was heading the bench, observed that the National Assembly, while giving assent to a grant that can be utilised by the executive at its discretion, has to follow the procedure provided in Articles 80 to 84 of the Constitution as well as the Rules of Procedure, 2007. However, such a discretionary grant cannot be spent at the absolute discretion of the executive and the discretion has to be exercised in a structured manner.

It also observed that no bulk grant could be allotted in the budget without giving detailed estimates and specifications.

Misappropriation by Balochistan govt

Meanwhile, the same bench announced another 35-page judgment in a case regarding the misappropriation of development funds by the then coalition Balochistan government led by Nawab Aslam Raisani. It observed that the provincial government of Balochistan, being the executive authority, must, under the law, undertake an exercise to ensure forensic audit of the leftover 75% projects and schemes.

“On receipt of the audit report, the matter should be taken up with the civil and criminal law enforcing agencies to ensure that delinquents, who have allegedly indulged in corruption and corrupt practices, are dealt with strictly in accordance with law,” it observed.

The court also held that it is incumbent upon the executive to examine and evaluate the leftover schemes.

Published in The Express Tribune, December 6^th, 2013.