SC Order of March 17 hearing in a 3G related case released at 6:40 A.M. on March 18

IN THE SUPREME COURT OF PAKISTAN

               (Original Jurisdiction)

PRESENT:

MR. JUSTICE JAWWAD S. KHAWAJA

MR. JUSTICE IQBAL HAMEEDUR RAHMAN

MR. JUSTICE MUSHIR ALAM

Constitution Petition No.26 of 2013

Khurram Shahzad Chughtai                                    …        Petitioner(s)

                                                            Versus

Federation of Pakistan and others                …        Respondent(s)

For the petitioner(s):              Mr. Ali Raza, ASC

                                                Mr. Tariq Aziz, AOR

For the applicant(s):               Mr. Athar Minallah, ASC (in CMA-7108/13)

On Court’s Notice:                 Mr. Salman Aslam Butt, Attorney General for Pakistan.

For respondent No.1:             Mr. Imran ul Haq Khan, DAG

(M/o IT)                                 Mr. Muhammad Ayub, Dy. Manager (Legal)

For respondent No.2:             Dr. Ismail Shah, Chairman

(PTA)                                      Mr. Tariq Salman, Member (Finance)

                                                Mr. Khurram Siddiqui, Director (Law)

                                                Mr. Munawwar Iqbal, Consultant (Legal)

                                                Mr. Faraz Khan Jadoon, L.O.

For respondent No.3:             Nemo.

(FAB)                                     

For respondent No.4:             Syed Sibt-e-Hassan Gardezi, Acting G.M. (Law)

                                                Mr. Kamran Masood, Manager (F)

On Court’s Notice:                

For Cabinet Division:             Mr. Jamil Ahmed, Sh. S.O.

For M/o Finance:                   Nemo.

Date of hearing                      17.03.2014

ORDER

             We have heard this matter partly. As noted in our previoius order we are anxious that this matter is decided at the earliest and if possible, before the auction of 3G and 4G licences. We are told that previously the date of this auction was fixed as 7^th April, but now it has been postponed to 23^rd April, 2014.

2.         Today, while hearing this petition, we asked the learned Attorney General to show the method of book keeping of the USF and the treatment of the Fund, after the monies of the USF were transferred to the Federal Consolidated Fund (FCF). He stated that the Ministry of Finance would be aware of the book-keeping but today no representative of the said Ministry, conversant with this aspect of the case is present. He shall, therefore, ensure presence of a fully conversant functionary of the Ministry of Finance to be present in Court tomorrow i.e. 18^th March, 2014.

3.         Additionally, it will be the office of the Auditor General and the Accountant General of Pakistan Revenue (AGPR), who will be fully aware of the rules applicable to the FCF.  Mr. Athar Minallah, learned ASC states that the Auditor General has already determined and prepared the Manual of Accounting Principles in exercise of powers under Article 170 of the Constitution in respect of the FCF. This will help in determining the status/constitutionality of the transfer of USF funds from the National Bank and eight other scheduled Banks to the FCF. The office shall issue notice to the Auditor General and to the AGPR Islamabad who may depute officers of their relevant departments conversant with the Manual of Accounting Principles as well as the manner in which the USF and the FCF are maintained and audited according to such Manual.

4.         Today, we were also informed by Mr. Kamran, Manager (Finance), USF that prior to the amendment in the USF Rules made in 2013, the USF was earning interest/profit on the funds. In the financial year ending 30^th June, 2013 a sum of rupees 5.6 billion was earned by the USF as income on the monies of the fund deposited with the National Bank and other scheduled Banks. The Manager (Finance) stated that after the transfer of monies of USF to the FCF not a single rupee has been earned on the sums belonging to the USF.

5.         The learned Attorney General for Pakistan submitted that the fundamental issue in this case will revolve around whether or not the monies in the USF can be transferred to the Federal Consolidated Fund (FCF). He stated that even if it is held that the monies in the USF cannot be transferred to the FCF, the fact remains that the investments of USF could have yielded a much higher return than the sum of rupees 5.6 billion as noted above.

6.         Let this matter come up for hearing as a part-heard case on 18^th March, 2014.

JUDGE

JUDGE

JUDGE

Islamabad

17^th March, 2014

M. Azhar Malik

News Analysis

Ahmad Noorani

ISLAMABAD: The unending grisly terrorist attacks carried out and claimed by the Tehreek-e-Taliban Pakistan (TTP) that were intensified by many folds during the peace talks came to a grinding halt right after the airstrikes of late night February 19 on its hideouts, resulting in considerable peace over the past ten days.

Only one terrorist incident took place in Kohat while another attempt on Iran Consulate in Peshawar was foiled.

Interestingly, Taliban have not only stopped terrorist attacks after Pakistan’s armed forces started targeting terrorists’ safe heavens mostly through air strikes but even the banned outfit announced ceasefire simply one day after the interior minister announced on the floor of the house that operation against terrorists will be carried out but its launch will take another one to two weeks.

When nation was asking Taliban for dialogue and federal and provincial governments and all institutions almost bow on their knees and begged for finding out solutions through dialogue instead of fighting and by avoiding bloodshed, the militant organization intensified its terrorist activities across the country apparently to have ‘a position of strength’ on the negotiation table.

Horribly Taliban spokesman use to appear on cameras and accept responsibility of killing of dozens of innocent Pakistanis while so-called negotiation committees were busy in dialogue process. The claim of Taliban - that they were intensifying their killing spree even during the negotiation process as Pakistan’s security forces were killing their prisoners - was proved false as till this moment the organization has been failed to present even a single evidence to establish that any of its detained militants was killed. According to Taliban claim, 15 of their detained activists were killed and their dead bodies were thrown in Noshehra by security forces. However, not only all security institutions forcefully rejected the allegation but same was also proved untrue as no such incident was ever happened in this KPK city.

Federal government, majority of politicians, sincere security officials, journalists and country’s intelligentsia openly supported dialogue process so country may be saved from more bloodshed. Some of these circles continued pressing for the dialogue option even when Taliban started killing people ruthlessly during the dialogue process and argued that if all issues are resolved through talks, country may be saved from a long era of infighting and bloodshed. However, Taliban take this as their strength and weakness of the state of Pakistan and its institutions and intensified terrorist attack across the country which let down the forces who were continuously pressing for peaceful solution. There came a time when it was established that further pressing for the talks option will only mean to further strengthen the barbaric terrorists and encourage killing or beheading more innocent.

The events of last peaceful ten days have established at least one fact beyond any doubt that Tehreek-e-Taliban Pakistan (TTP) don’t take negotiations or talsk seriously and consider ‘use of force’ as something substantial. The militant organization is known for buying time in the name of negotiations and a tool for buying time to fulfil its final agenda of complete takeover.

Some religious factions of society who had a soft corner for the banned terrorist organization claiming that it demands for enforcement of Sharia also become aware of real facts after Taliban came on record declaring that ‘enforcement of Sharia’ was not their demand and their major demand is release of their prisoners and withdrawal of army from areas presently in their strong hold. The strategies adopted by the Taliban during peace talks and after launch of limited air strikes against its hideouts clearly apparently implies that latest moves are an attempt to avoid complete collapse of its organizational setup at a time when government and the armed forces are all set to eliminate terrorists from all parts of the country to create a peaceful environment and bring an end to the around two decades of bloodshed in mosques, imam barghas, roads, government offices, security institutions’ offices and  public places of the country.

A recent genuine video in which Taliban are playing football with slaughtered five heads of Pakistan’s security officials has created big distances between nation and advocates of negotiations. Keeping aside killing of 23 FC soldiers, whom dead bodies are not even handed over to their families till this moment, latest killing of 15 FC soldiers on the day of announcement of ceasefire has made strategy of militant organization more clear.

Though Taliban carried out many attacks during the negotiation process but the attack on the Sindh Police which killed 14 policemen in the third week of February and admitting responsibility of beheading 23 FC soldiers by Shahidullah Shahid, central spokesman of TTP disheartened all advocates of talks and after long time nation got rid of confusion and decided in principle to eliminate terrorists by use of force. Though there are forces which are spreading confusions but credible sources confirm now no new tactic of militant organization will be considered seriously and talks option will only move forward smoothly if Taliban will give up militancy. (ends)