Attorney General for Pakistan has urged the Supreme Court that the entire money deposited by Bahria Town Limited, Karachi, and held by the court may be ordered to be deposited in the 'Public Account of the federal government.' A three-member bench, headed by Justice Sheikh Azmat Saeed, heard the matter related to reinvestment of amount received from Bahria Town Pvt Ltd.
As per the provision of Article 78(2)(b) of Constitution, any money received by or deposited in Supreme Court is liable to be credited to the Public Account of the federation. The Article 78(2(b) says; "All other moneys received by or deposited with the Supreme Court or any other court established under the authority of the Federation, shall be credited to the Public Account of the Federation."
On account of the fact that the said money has been deposited or is liable to be deposited in the Supreme Court, the said amount is liable to be credited to the 'Public Account of the Federation,' notwithstanding what purpose the money is obtained or deposited for. The Article 78 refers to in generic terms, "all other money," which encompasses the deposit being made by the Bahria Town, Karachi. The bench in view of the federal government's stance issued notice to the Sindh government. Justice Azmat said that without hearing the Sindh government, they could not decide about transferring money.
The Supreme Court on 21-03-2019 accepted Bahria Town (Pvt) Limited, Karachi, offer of Rs 460 billion for its Karachi Super Highway Project land, and restrained National Accountability Bureau (NAB) from filing references against it. The apex court had granted seven years from 01-09-2019 to 31-08-2026 for the payment of entire amount into the Supreme Court. The mode of payment is contained in para 3(b)(2) of the said order.
Bahria Town Limited, Karachi, has already made payment of Rs 25 billion. The first instalment of Rs 2.5 billion is scheduled from 1st September, 2019. The balance payment is required to be made in 36 equally monthly instalments, along with 4 per cent mark-up charged annually with effect from 01-09-2019.
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