Economic Coordination Committee (ECC) of the Cabinet has approved funds of GBP 2.268 million (Rs 414.658 million) to pay London-based solicitors of the Hyderabad fund case, sources close to Foreign Minister told Business Recorder. Ministry of Foreign Affairs revealed that the Prime Minister has directed the Office of Attorney General, Finance Division and Law and Justice Division for early payment to the solicitors in the Hyderabad fund case in accordance with their timeline. Subsequently, the Attorney General chaired a meeting in his office whereby Special Secretary Finance recommended that a summary outlining the details of the payment as outlined by the solicitors may urgently be initiated for supplementary grant as follows: (i) reimbursement of GBP 500,952.40 already paid to the solicitors from Pakistan High Commission London account; (ii) GBP 432,605.75 against outstanding invoices for the period from November 28, 2018 to March 28, 2019; (iii) Counsel's brief fees (BP 277,500) + 138,750 due in tranches prior to the start of the trial) and daily refresher from day 2 of the trial (BP 7,500+ BP 3,750 respectively); (iv) Stephenson Harwood's fees and other disbursements ( accrued since the end of the period covered by March 2019 invoices and to be accrued in the further preparation and attendance at trial (BP 400,000 approximately, final figure depending on actual time spent); and (v) GBP 500,000 for any other expenditure. The total amount comes to GBP 2.268 million.
The sources said, the solicitors have outlined the schedule of payments which must occur by the dates specified in relation to each action as follows: (i) written approval, by return, of each of the unpaid invoices (BP 439,605.75); (ii) written approval, by return, of full payment of BP 439,605.75 by midday April 30, 2019; and (iii) full payment of their invoices rendered in the weeks commencing April 22, May 14, June 10 and July 1, 2019 within seven days of receipt of their email (the first of these will include half of Counsel's refresher as incurred by then and the fourth to include any further daily refreshers, depending on the length of the trial).
The sources further stated that the solicitors have run out of patience and are now openly threatening to cease work and inform the court, India and other parties which will result in great embarrassment for Pakistan.
The solicitors also stressed earlier that delay in payment will prejudice the case as it impedes their preparations. Payment to the solicitors in the case is obligatory. Non-compliance will lead to litigation by the solicitors and only add to the costs which will ultimately have to be paid even then.
The Prime Minister's approval was sought for a non-lapsable supplementary grant of GBP 2.268 million to process the payments in this case, with the request that urgent action may be taken to enable payments in line with the timeline conveyed by the solicitors. Ministry of Finance supported the request for supplementary grant but has recommended that the grant may be non-lapsable.
In view of the case being an ongoing process, with anticipated expenses in the next financial year, the request for a non- lapsable supplementary grant of GBP 2.268 million to process the payments in this case (with payments to be made after due vetting of the bills by the Attorney General) with the further request that urgent action may be taken to enable payments in line with the timeline conveyed by the solicitors.
The ECC, in its meeting held on May 3, 2019 approved supplementary grant of GBP 2.268 million to process the payments in the Hyderabad fund case. The payments would be made after due vetting of the bills by the Attorney General. Ministry of Foreign Affairs will have to ensure optimum utilization of the grant before June 30, 2019. The Federal Cabinet in its meeting held on May 7, 2019 has endorsed the decision of the ECC.
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