Case Details

Citation(s)
2013 SLG 1609 2013 SLD 1609 2013 SCMR 1017
Supreme Court of Pakistan
Constitution Petition No.20 of 2013, decision dated: 19-04-2013
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., GULZAR AHMED AND SH. AZMAT SAEED, JJ
Ms. Nargis Sethi, Secretary for M/o Cabinet on Court Notice. Sajjad Mehmood Butt, ASC/LA and Abdul Rauf Khan, Additional Secy (Exp.) for M/o Finance on Court Notice.

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Law:

Section:

Constitution of Pakistan----Art. 184(3)---Constitutional petition under Art.184(3) of the Constitution against distribution of development funds by Ex-Prime Minister amongst Parliamentarians and "Notables" for development programmes/schemes---Allocation of funds by the Prime Minister for development schemes/programmes---Scope---Prime Minister was a person who represented the Government and the citizens, therefore, in sanctioning/allocating funds for the schemes, he was bound to follow a high standard of transparency and for such purpose, a system had to be institutionalized following the recognized principles of exercising discretion judiciously--- Prime Minister, being an elected representative, was required to follow the procedure to prove equitable distribution of funds for schemes without any discrimination in any manner---According to the budgetary provisions, an amount of Rs.22 billion (annual) was made available to the Ex-Prime Minister with an authority to sanction the amount in favour of the Parliamentarians and Notables for development programmes---Ex-Prime Minster sanctioned different amounts from time to time for development schemes in the constituency he represented---Parliamentarians, Members of the Provincial Assembly and "Notables", who did not represent any constituency, were also obliged by granting funds for the purpose of different development schemes---Prima facie, it seemed that at the initial stage of sanctioning the funds, no preliminary formalities were carried out about the feasibility etc. of the development programmes---Parliamentarians or the "Notables", who succeeded in approaching the Prime Minister for allocation of funds for development, were obliged by making sanctions without following a transparent procedure---Feasibility of the scheme(s) for which the funds had been sanctioned was not considered---Admittedly, there was no system in place for monitoring the sanctioned funds---Different Ministries/Divisions were directed to divert their funds in favour of the Cabinet Division for purpose of allocating/distributing such funds to Parliamentarians and "Notables" knowing fully well that budgetary allocations of Rs.22 billion had…
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