PESHAWAR: A Peshawar High Court bench has directed the Khyber Pakhtunkhwa government to formulate rules for the allocation of developmental schemes within seven days and restricted the release of all development funds until then.

Chief Justice Waqar Ahmad Seth and Justice Abdul Shakoor ruled: “in future, especially for the financial year 2019-20, quarter concerned shall formulate the rules/regulations within seven days from the receipt of this judgment for allocations of schemes, umbrella schemes etc. so as to protect the rights of all individuals and preferably representatives equally. Meanwhile, all developmental funds (including foreign developmental funds) in this respect shall not be distributed or released.”

The orders have been issued by the bench in the detailed judgment on a petition jointly filed by over 30 opposition MPAs of Khyber Pakhtunkhwa Assembly including leader of the opposition Akram Khan Durrani, Enayatullah Khan, Jamshed Mohmand and others against the ‘unjust’ distribution of development funds by the chief minister in the 2018-19 budget, especially the umbrella schemes reflected as ‘block allocation’ in the budget.

The bench had disposed of the petition on Sept 11 and pronounced a short order.

Restricts release of all development funds until then

The lawyer for petitioners, Aamir Javed, had contended that the ADPs were prepared by the government without considering the vital factors, including poverty, backwardness of particular areas, including population and lack of infrastructure development.

He had placed on record several documents showing preferential treatment given by the chief minister to his native district, Swat.

The petitioners had sought multiple reliefs from the court, including orders to declare the umbrella schemes reflected as ‘block allocations’ in the 2018-19 budget as unfair and discriminatory, strike down ‘block allocations’ reflected in 2018-19 ADP, and direct the government to lay down rules/guidelines for the formulation of ADP for equitable allocation and distribution of developmental funds.

Provincial advocate general Shumail Ahmad Butt had told the bench that budget had been authenticated, so further discussion on 2018-19 schemes would be a futile exercise.

The bench observed that since the budget had been authenticated, the matter was a close chapter.

It, however, said it was told that the allocation of funds of Annual Development Programme (ADP), umbrella schemes, etc. were made on basis of discrimination, so the government had been warned to be careful about it in future.

The bench ruled: “since the issue in hand is an old and consistent one, therefore, the Government is advised, for future purposes, for spending developmental funds for the year 2019-20, first of all rules/ regulations, etc. for allocation of developmental schemes/projects, etc. are to be formulated in order to bring about the uniformity, minimising discriminatory treatments to any other member of the assembly, what to say of opposition benches, we give seven days’ time to formulate such policies, rules/regulations and then to allocate the budget, by protecting rights of individuals and MPAs.

“Thus what has been discussed above, this court is not inclined to grant the relief so sought by the petitioner, for the schemes for the session 2018-19, however, while disposing of the instant constitutional petition we observe that whatever was done in 2018-19 is against the law, precedent and the mandate, on the subject.”

The bench cited several examples of allocation of funds by the chief minister in the illegal and irregular manner without approval from the provincial cabinet.

“We have before us about 23 Umbrella schemes which reveal that respondent No 1 (chief minister) doll out public money in favour of blue eyed members of the ruling party by way of unfair allocation of public funds and all these schemes are without the approval of provincial cabinet,” it ruled.

The bench added that the documents on record revealed that the umbrella schemes were without any detailed specifications regarding the site or location, which gave advantage to the chief minister to exercise his discretionary powers without any legal justification to this unfair distribution of developmental funds in favour of his own party members.

It said the ‘implementation of hundreds day plan’ worth Rs1,099 million was also devoid of vital details.

The bench observed that the funds allocated for another scheme, establishment of 10 government colleges for boys and girls in KP, were spent in the hometown of the chief minister and other members of ruling party.

It observed that the records revealed that even the foreign funds and loans had been inequitably allocated and spent only in those parts of the province, which were represented by the members of the ruling party.

The bench said the respondents had justified that by relying on the unfettered powers of the chief minister.

It ruled that it was on record that all funds with the exception of only one scheme in 2018-19 had been allocated and utilised by the chief minister and ruling party MPAs, to which no logical and reasonable material had been produced, which clearly reflected favouritism and nepotism.

The bench quoted different judgments of the superior courts observing that the funds, especially developmental funds, were to be allocated and distributed in a fair and equal manner in favour of all elected representatives without any discrimination and irrespective of political affiliation.

Published in Dawn, September 26th, 2019