ISLAMABAD, Apr 17 (NNI): The National Assembly Standing Committee on Finance has sent the matter of the provision of Rs21 billion funds for the conduct of elections in Punjab and Khyber Pakhtunkhwa back to the National Assembly for approval.
A meeting of the NA body on finance was held in Islamabad on Monday.
Speaking after the meeting, Federal Law Minister Azam Nazeer Tarar maintained that the Supreme Court’s order will be implemented if the National Assembly approves the provision of funds. “If the Assembly does not approve it then it would be a constitutional mandate and a decision will be taken under Article 184,” he added.
The law minister said that due to the seriousness of the matter, the standing committee has ordered to table the issue before the assembly again.
The meeting deliberated on the provision of funds for holding elections in Punjab and Khyber Pakhtunkhwa as directed by the Supreme Court of Pakistan.
The Supreme Court on Friday ordered the State Bank of Pakistan (SBP) to release Rs21 billion to the Election Commission of Pakistan (ECP) for holding elections in Punjab and Khyber Pakhtunkhwa and send an “appropriate communication” to this effect to the finance ministry by April 17 (today).
Minister of State for Finance Ayesha Ghaus, SBP Deputy Governor Seema Kamil, Deputy Attorney General for Pakistan Mansoor Usman Awan, Federal Law Minister Azam Nazeer Tarar and auditor general of Pakistan participated in the meeting.
The law minister and AGP briefed the participants of the meeting.
The law minister told the meeting that the federal government’s permission is sought for the use of every penny taken from the Federal Consolidated Fund. He said that no funds were allocated in the federal budget this fiscal. He said earlier, on the court order, the finance ministry had presented a bill under the head of charged expenditures. But the standing bodies of the National Assembly and the Senate rejected the bill.
He said the apex court then asked the State Bank to get money from the FCF. But the finance ministry will authorize it. He said the court ordered to take approval of the fund later and put it under the head of other expenditures.
But the law minister said that the constitution is superior and the government would defend the constitution.
The law minister said that if need arises to get extra funds, then the government could present a supplementary grant whose approval could be taken afterwards.
Tarar said if funds were to release, they should be released as per the constitution.
Later, talking to 24News HD, the law minister said that there is no conflict between the judiciary and the government on this issue.
If the National Assembly approved the fund, then the Supreme Court order would be implemented and if the Assembly rejected it, then the decision would be taken under Article 184, he added.
He advised journalists to have patience as ‘National Assembly is meeting in the evening today and the matter will be put forward before it’.
During her talk with reporters after NA body meeting, Minister of State for Finance and Revenue Dr Aisha Ghaus Pasha said that finance ministry will present a summary for the approval of funds to the federal cabinet. She said the proper procedure would be followed as the ‘State Bank is not authorized to use funds. The National Assembly will decide about the release of funds’.
Without the approval of the parliament, no bill or budget has any legal authenticity, she added.
She explained that the central bank could only allocate money but it could not release it unless the finance division gives it permission. And the finance division only acts on the orders of the federal cabinet, she maintained.
The attorney general for Pakistan said that the institutions have to ensure the implementation of the Supreme Court order. The federal cabinet will also approve the fund. It’s the prerogative of the National Assembly to approve the fund or reject it, the AGP held.
He said there are three options to implement the order of the apex court.
He said according to the SC order, the fund should be included under the head of other expenditures. According to Article 84, it would be regarded as supplementary grant, the AGP said adding that the approval of the supplementary grant must be taken from the lower house till June 30. The finance ministry will send it to the federal cabinet and if the National Assembly did not approve it, then the national exchequer would suffer a loss.
Before the NA body meeting, a special consultative meeting was held under the chair of Law Minister Tarar in which SBP acting governor Seema Kamil, special secretary of finance, finance committee chairman Qaisar Sheikh, Trade Minister Naveed Qamar, State Minister for Finance Ayesha Ghaus, attorney general for Pakistan and auditor general and other officials participated.
The meeting pondered the legal aspects in the wake of halting the provision of funds to the ECP. It also deliberated on how to stop the State Bank from releasing funds.
Commerce Minister and senior PPP leader Naveed Qamar said that the institutions are being intimidated by the contempt of court.
In a very strongly-worded message, the commerce minister said: “Parliament can also start contempt proceedings. Parliament can also send people to jail for its contempt. I disagree with the federal law minister and attorney general for Pakistan. Only the National Assembly is authorized to give approval of the budget.”
He expressed his exasperation saying that the Supreme Court is saying that it should be given the authority to allocate the budget.
“We cannot give this right of the National Assembly to any other institution,” he said adding “If the National Assembly did not defend its authority then who will do this? Will Army come and do this?” NNI
