Case Details

Citation(s)
2013 SLG 1683 2013 SLD 1683 2013 SCMR 1880
Supreme Court of Pakistan
C.M.As. Nos.3330, 3471, 3594 of 2013 in ConstitutionalPetition No.105 of 2012, heard on 8-07-2013
JAWWAD S. KHAWAJA, KHILJI ARIF HUSSAIN AND EJAZ AFZAL KHAN, JJ
Kh. Haris Ahmed, Senior Advocate Supreme Court as Amicus Curiae. Munir A. Malik, AGP, Tariq Mehmood Khokhar, Additional AGP, Dil Muhammad Khan Alizai, DAG, Sajid Ilyas Bhatti, DAG, Tahir Mehmood, AGPR, Dr. Asif ur Rehman, Director-General Federal Audit, Z

HAMID MIR and anothers

VS

FEDERATION OF PAKISTAN and others

Law:

Section:

(a) Constitution of Pakistan----Arts. 19, 19A, 169, 170, 171 & 184(3)---General Financial Rules of the Federal Government, R. 37(5)---Auditor General's (Functions, Powers and Terms and Conditions of Service) Ordinance (XXIII of 2001), Ss. 8 & 12---Constitutional petition under Art.184(3) of the Constitution concerning accountability of the media---Use of public funds by the government for the purpose of influencing the media---Secret Service Funds purportedly used by governments to buy the loyalty of journalists and other opinion-makers---Audit of Secret Service Funds---Scope---Accountability of an elected government under the constitutional dispensation, was the bedrock of democratic governance---Most important aspect of accountability of the elected, executive both at the federal and provincial levels was the assurance that the finances of the government were properly utilized in accordance with and in furtherance of the objectives set out in the Constitution and in statutes enacted by Parliament (Majlis-e-Shoora) and the provincial legislatures---All funds in the State exchequer were funds which had come out of the pockets of the people---Government was at most a trustee and custodian of such funds and was accountable for their expenditure in a fiduciary capacity as envisioned in the Constitution---Where the government or the legislature choose to regulate or impose restrictions upon disclosure of use of funds, such restrictions could not be arbitrary but had to be reasonable---Question as to what was or what was not reasonable was a matter of which the government was not the sole arbiter as it was constrained by the Constitution and by law---Any restriction on disclosure of expenses made from the exchequer, which the government imposed, or the legislature provided for, would be justiciable on the touchstone of Arts.19 & 19A of the Constitution and inter alia, of Arts.168 to 171 which related to audit of the accounts of the Federation and the Provinces "and the accounts of any authority or body established by or under the control of the Federal or Provincial government..."---All disbursements made from the Public Accounts or from the Consolidated…
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