PM discretionary funds to parliamentarians ‘illegal’: SC
ISLAMABAD: The Supreme Court has declared Thursday the allocation of funds to parliamentarians at the sole discretion of the prime minister as illegal and unconstitutional and maintained that the government is bound to establish procedure criteria for governing allocation of such funds for this purpose.
The observation was made by the apex court in a detailed judgment issued here on Thursday regarding the allocation of discretionary funds by the former prime minister Raja Pervez Ashraf.
It is pertinent to mention here that the former prime minister Raja Pervez Ashraf during his tenure as the premier either used or re-allocated discretionary funds worth Rs 47 billion in his native constituency of Gujar Khan upon which the apex court issued this judgment.
According to 26 paged judgment the constitution of Pakistan does not permit the use or allocation of funds to MNAs, MPAs and notable at the sole discretion of the Prime Minister or the Chief Minister. If there is any practice of allocation of the Prime Minister or Chief Minister fund, it is illegal and unconstitutional.
Giving the reference of the constitution it is stated that the National Assembly while giving assent to a grant which is to be utilized by the Executive at its discretion has to follow the procedure provided in Articles 80 to 84 of the Constitution as well as the Rules of Procedure 2007.
However such discretionary grant cannot be spent at the absolute discretion of the Executive and the discretion has to be exercised in a structured manner, the apex court held. However, in the judgment it is stated that funds can be allocated by way of re-appropriation but the procedure provided in the Constitution has to be followed in its true perspective.
The amounts as approved in the budget passed by the National Assembly have to be utilized for the purpose specified in the budget statement.
Thus the Supreme Court disposed of the petition after giving its judgment. (APP)
