SC ISSUES NOTICES TO AGP, ECP, FINANCE SECRETARY OVER NON-PROVISION OF FUNDS

g APEX COURT DIRECTS TOP BUREAUCRATS TO APPEAR IN JUDGES’ CHAMBER ON APRIL 14

g OBSERVES GOVT’S FAILURE TO COMPLY WITH COURT ORDER IS PRIMA FACIE DISOBEDIENCE

Subsequently, the court issued a notice to the SBP governor and the next senior most official of the bank, and directed them to appear before the chamber of the judges on April 14 (Friday) at 11am. It directed them to bring the record and details of money owned by the federal government lying with or under the control, custody or management of the central bank.

Munib Akhtar — had ordered the government to provide Rs21 billion in funds to the ECP to conduct elections in Punjab and Khyber Pakhtunkhwa by April 10. The court had directed the ECP to provide a report to the court on whether or not the government complied with the order on April 11.

The ECP, in a report submitted on Tuesday, informed the court about the government’s reluctance to release the funds needed for elections.

The government, meanwhile, has referred the matter to Parliament to decide.

In a notice issued by the SC registrar on Wednesday, the apex court noted that the report submitted by the ECP yesterday stated “no funds have at all been released and provided to it as required by the order of the court”.

“The failure of the federal government to comply with the order of the court as aforesaid is prima facie disobedience,” it observed. “The consequences that can flow from such prima facie defiance of the court are well settled and known.

“Every person who embarks upon,

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encourages or instigates disobedience or defiance of the court can be held liable and accountable,” the notice pointed out.

It highlighted that the “disobedience” by the federal government would put the conduct 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 SC said.

The court also issued notices to the AGP, the finance secretary and the “next most senior official” in the Ministry of Finance for an in-person appearance the same day. “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,” it said. Issuing similar notices to the ECP secretary and director general law, the court directed them to prepare and submit the full record pertaining to the general elections to the Punjab and KP assemblies. ELECTION COMMISSION OF PAKISTAN REPORT: The election watchdog submitted a one-page report in the top court, informing about the government’s reluctance to issue the Rs21 billion funds as ordered by the court for the elections to the Punjab and KP assemblies.

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