Case Details

Citation(s)
2024 SLG 5731 2024 SLD 5731 = 2024 PLD 1262
Supreme Court of Pakistan

Present: Qazi Faez Isa, CJ, Naeem Akhtar Afghan and Shahid Bilal Hassan, JJ
For the Federation: Ch. Aamir Rehman, Additional Attorney-General for Pakistan Ghufran Memon, Additional Auditor-General for Pakistan Tajdar Zaidi, Director (Legal) and Muhammad Azhar, Deputy Auditor-General for Pakistan. For Government of Punjab: Wasim Mumtaz, Additional Advocate-General. On Court's Notice: Khalid Jawed Khan, Advocate Supreme Court (through video-link from Karachi). For State Bank of Pakistan: Mehmood Nazir Rana, Legal Advisor. For NBP: Taha Sajjad, Head Fixed Income Sales, NBP, Karachi and Zia Iftikhar, Head Corporate Sales North, NBP, Karachi. For WAPDA: Saad Rasool, Advocate Supreme Court, Javaid Latif, Member Power, WAPDA, Asim Rauf, GM, Mohmand Dam, Nazakat Hussain, GM, Diamer Bhasha Dam and M. Babar Khattak, Dy. Director (Legal). For the Applicant: Mian Abdul Rauf, Advocate Supreme Court (in C.M.A. No. 697/22). For the Petitioners: M. Munir Paracha, Advocate Supreme Court and Haji M. Zahir Shah, Advocateon-Record (in C.Ps. Nos. 350-P to 354-P/22). For the Applicant: Hassan Rashid Qamar, Advocate Supreme Court (in C.M.A. No. 9843/24). For Ministry of Information: Sikandar Mehmood, Assistant Director. Date of hearing: 9th October, 2024.

1.    Civil Misc. Application No. 6155/18 in C.P. No.57/2016 (Advertisement by UBL and HBL regarding raising of Funds for Diamer Bhasha and Mohmand Dam by the Government of Pakistan). AND 2.    Civil Misc. Application No. 1031/20 in C.M.A. No. 1610/2019 (Comprehensive Report on behalf of WAPDA). AND 3.    Civil Misc. Application No. 783/21 in C.M.A. No. 6155/18 (Advertisement by UBL and HBL regarding raising of Funds for Diamer Bhasha and Mohmand Dam by the Government of Pakistan). AND 4.    Civil Misc. Application No. 697/2022 in C.M.A. No. 6155/18 Sh. BASHIR AHMAD---Petitioner

VERSUS

MUHAMMAD ASADULLAH (deceased) through his L.Rs and others AND 5.    Civil Petitions Nos. 350-P to 354-P of 2022 (On appeal against the order dated 21.03.2022 passed by the Peshawar High Court, Peshawar in C.Rs. Nos. 1092-P to 1095-P/2021 and 2-P/2022). ZAHID KHAN and others---Petitioners Versus Haji Malik SAID MEHMOOD JAN and others---Respondents Civil Miscellaneous Application No. 6155 of 2018 in C.P. No.57 of 2016, Civil Miscellaneous Application No. 1031 of 2020 in C.M.A. No. 1610 of 2019, Civil Miscellaneous Application No. 783 of 2021 in C.M.A. No. 6155 of 2018, Civil Miscellaneous Application No. 697 of 2022 in C.M.A. No. 6155 of 2018, Civil Petitions Nos. 350-P to 354-P of 2022, decided on 17th October, 2024.

Law: Constitution of Pakistan, 1973

Section: 78(2)(b) & 184(3)

Constitution of Pakistan-------Arts. 78(2)(b) & 184(3)---Construction of Diamer Bhasha Dam and Mohmand Dam---Raising of funds---Account established on the orders of the Supreme Court in the name of 'The Supreme Court of Pakistan and the Prime Minister of Pakistan Diamer-Bhasha and Mohmand Dams Fund' for collecting donations for construction of dams---Transfer of funds from the account to the Public Account of the Federation---Implementation Bench constituted by the Supreme Court (on 9 January 2019) to oversee the issue of construction of dams---Record did not show that the Implementation Bench undertook any work or that the progress reports submitted by Water and Power Development Authority ('WAPDA') were ever examined by it---If the Implementation Bench did not examine the progress reports then their submission was pointless---Moreover, except for one, all the Judges of the Implementation Bench had since retired and were not replaced by the Supreme Court---WAPDA's counsel also stated that preparation of progress reports consumed time, money and effort---Filing of the progress reports without the same being examined by the Implementation Bench served no purpose---Therefore, unless specifically directed, WAPDA need not submit further progress reports in the Supreme Court---State Bank of Pakistan ('SBP') submitted its report in the Supreme Court, which stated that, as on 4 October 2024 the total collected amount was Rupees 11,475,776,584 and the mark-up earned thereon was Rupees 12,194,306,459---Accrued mark-up had exceeded the amount collected, and the mark-up was paid by the Federal Government---Total amount (principal and markup) was Rupees 23,670,083,043---WAPDA's counsel stated that the present projected cost of the said dams was seven hundred and forty billion rupees--Amount in the subject account, therefore, constitutes only 3.2 per cent of the money required to build the said dams, and of such amount the larger portion the Government itself had paid in the form of mark-up---Supreme Court directed that the amount in the account maintained in the name of 'The Supreme Court of Pakistan and the Prime Minister of Pakistan Diamer-Bhasha and Mohmand Dams…
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