ISLAMABAD: The Islamabad High Court (IHC) turned down a petition seeking the removal of the Chief Justice of Pakistan (CJP)’s name from the Dam Fund account’s title.
A single bench of Chief Justice Aamer Farooq on Friday released its reserved verdict.
The petition was moved by a lawyer, Adnan Iqbal, who pleaded for suspending the Registrar Supreme Court’s authority over the dam fund.
The petitioner also requested the court to summon the former chief justice of Pakistan and question him about the fund he launched for building dams and water reservoirs.
The IHC judgment said that the crux of the submissions by the petitioner was that on the basis of the principle of separation of powers, the funds could not have been collected and/ or the account could not have been opened and maintained in the name of the Supreme Court.
He observed that the former chief justice of Pakistan took the initiative of collection of funds for the establishment of Diamer-Bhasha and Mohmand dams and “it is trite law that what the law does not prohibit is permissible; as such, there is no prohibition per se with respect to the referred act and the gesture was in the wake of public interest to facilitate the Executive/ Government for construction of Diamer-Bhasha and Mohmand Dams.”
“Subsequently, the funds/ collection started pouring in and an account was opened in the name of 'Supreme Court of Pakistan Diamer-Bhasha and Mohmand Dams Fund' which is being maintained by the Registrar of Supreme Court of Pakistan. Again there does not seem to be any prohibition for opening of account and maintaining by the Registrar, Supreme Court of Pakistan.”
Justice Aamer also said that the petitioner, in person, apart from the referred objection, did not argue any other plausible justification for seeking relief. He added, “No specific violation of any law qua opening of the account or its maintenance was pointed out. Naturally, all accounts opened in any bank are regulated by the State Bank of Pakistan and, if there was any violation the State Bank of Pakistan could and should have pointed out the same.”
He; therefore, ruled that no justification or basis is made out for reliefs sought; hence, the instant petition is dismissed in limine.”
In the petition, the petitioner cited the governor State Bank of Pakistan (SBP), the Finance Division, the Prime Minister of Pakistan, the registrar Supreme Court of Pakistan, the chairman Public Accounts Committee, and former chief justice Saqib Nisar as respondents.
Copyright Business Recorder, 2023
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