| Case ID |
eb07bc7c-309c-40fd-acf5-356dd8c0bf6f |
| Body |
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| Case Number |
C.M.A. No.490 of 2021 in Constitution Petition No. |
| Decision Date |
Feb 20, 2021 |
| Hearing Date |
Feb 11, 2021 |
| Decision |
The Supreme Court disposed of the application as the Federal and Provincial Governments addressed the queries raised in previous orders. The Court noted that development funds would not be distributed to any Federal Ministers, Parliamentarians, or any other person under the existing budget, ensuring compliance with the Constitution and applicable laws. The observations highlighted the importance of transparency and accountability in the use of public funds, and the Court concluded that there was no reason to further proceed with the matter. |
| Summary |
This case involves a constitutional petition concerning the distribution of development funds to Members of National and Provincial Assemblies by the Prime Minister of Pakistan. The Supreme Court of Pakistan addressed the legality of such distributions under the Constitution of Pakistan, particularly focusing on Articles 120 to 124 and 184(3). The case highlighted the role of the judiciary in ensuring that public funds are allocated and utilized according to constitutional mandates. The Court emphasized the need for transparency and accountability in the management of public resources, especially in light of allegations regarding improper fund distributions. The majority view of the Court was that the application was disposed of since the queries raised had been satisfactorily addressed by the respective governments, affirming that no development funds would be allocated outside the existing budgetary framework. This decision underscores the significance of adhering to legal and constitutional provisions in public finance management. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Punjab,
Government of Sindh,
Government of Balochistan,
Government of Khyber Pakhtunkhwa,
Islamabad Capital Territory
|
| Judges |
MUSHIR ALAM, JUSTICE,
UMAR ATA BANDIAL, JUSTICE,
QAZI FAEZ ISA, JUSTICE,
IJAZ UL AHSAN, JUSTICE
|
| Lawyers |
Khalid Jawed Khan, Attorney General for Pakistan,
Sohail Mehmood, Addl. AGP for the Federation,
Barrister Qasim Ali Chohan, Addl. A.G. Punjab,
Khalid Mehmood, Addl. Secretary Finance, Punjab,
Shehbaz Ahmed Sheikh, Law Officer, Finance, Punjab,
Shumail Ahmed Butt, A.G., KP,
Aftab Ali Khan, Addl. A.G., KP,
Atif Rehman, Secretary Finance, KP,
Amir Sultan Tareen, Secretary, P&DD, KP,
Arbab Muhammad Tahir, A.G., Balochistan,
Muhammad Fareed Dogar, Assistant A.G., Balochistan,
Niaz Ullah Khan Niazi, A.G., Islamabad,
Salman Talib ud Din, A.G., Sindh,
Saeed Ahmed Qureshi, Focal Person to Chief Secretary, Sindh,
Sikander Hassan, D.S. Finance, Sindh
|
| Petitioners |
Not available
|
| Respondents |
Not available
|
| Citations |
2021 SLD 2343,
2021 PLD 446
|
| Other Citations |
Muhammad Akhtar v. State PLD 1957 SC 297,
Faridsons Ltd. v. Government of Pakistan PLD 1961 SC 537,
Abdul Kabeer v. Abdul Wahid 1968 SCMR 464,
Gouranga Mohan Sikdar v. Collector of Import and Export PLD 1970 SC 158,
Mollah Ejahar Ali v. Government of East Pakistan PLD 1970 SC 173,
Muhammad Afzal v. Muhammad Altaf Hussain 1986 SCMR 1736,
Airport Support Services v. Airport Manager 1998 SCMR 2268,
Hyderabad Development Authority v. Abdul Majeed PLD 2002 SC 84,
Government of Sindh v. Muhammad Juman 2009 SCMR 1407
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
120,
121,
122,
123,
124,
184(3)
|