ISLAMABAD – The federal government Wednesday urged the Supreme Court to transfer the money collected for the construction of Diamer Bhasha and Mohmand Dams to the Public Account of the Federation as per Article 78(2)(b) of the Constitution.
A four-member bench of the apex court headed by Chief Justice Qazi Faez Isa conducted hearing of the case regarding advertisement by UBL and HBL for raising of funds for Diamer Bhasha and Mohmand Dam.
The bench issued notices to former Attorney Generals for Pakistan Khalid Jawed and Anwar Mansoor Khan, and amicus curiae to assist the Court in the instant matter. It called a report from the State Bank of Pakistan regarding the amount lying in Dam Fund, and any other account related to the dams.
During the proceeding, the Chief Justice questioned whether the Supreme Court can retain money raised for the dams’ construction. Saad Rasool, representing WAPDA, replied no.
Additional Attorney General Aamir Reham said that under Article 78(2)(b) money received by or deposited with the Supreme Court or any other court established under the authority of federation; shall be credited to the Public Account of the Federation.
He informed that a miscellaneous petition had been filed, seeking transfer of Dam Fund to the federal government and the Water and Power Development Authority (WAPDA), adding that a dedicate account has been created by the government for the Dam Fund, saying this money would go there.
The Chief Justice asked how much money was currently lying in the Dam Fund and how the project was initiated. The WAPDA’s counsel replied that total money collected are Rs18.64 billion, out of that Rs9.56 billion generated locally, while overseas Pakistanis contributed Rs1.9 billion, and profit earned on it is Rs7.1 billion.
The fund was initiated in 2018 following a suo motu notice taken by the then Chief Justice Saqib Nisar on dams’ construction. Aamir Rehman told that the State Bank of Pakistan had opened the account for the fund under the Supreme Court’s supervision.
The bench was told that the Supreme Court’s implementation bench had held 17 hearings on the matter, and the progress reports on dams’ construction had been submitted.
The Chief Justice inquired from WAPDA counsel what does the Supreme Court do with the progress reports on the construction of dams – Diamer Bhasha Dam and Mohmand Dam? He further asked why you (Wapda) was required to submit the reports to the Supreme Court and not to the Parliament or the federal government, which are mainly responsible for their construction.
Saad Rasool informed the court that they have been filing progress reports in pursuant of the apex court’s order, and undertaking of WAPDA chairman. Justice Isa then said that there must some reasons for the reports. He further asked, what was the nature of undertaking. The lawyer responded that the reasons for submitting reports were not mentioned in the Supreme Court order.
Justice Faez said that if tomorrow something happens, walls crack or architect make faulty plan, then will the Supreme Court be responsible for it? Saad said no, adding that it will be responsibility of the federal government. He informed that Chinese engineers working on Mohmand Dam project were attacked. He said that relevant quarters are empowered to deal with the Dam matter.
The Chief Justice further inquired about WAPDA’s other ongoing projects and whether the Supreme Court had direct oversight of each of them.
Aamir Rehman clarified that disputes between private parties over the dam constructions had also been heard in the Supreme Court rather than in lower courts, but WAPDA believed these matters should now be handled by the relevant judicial forums.
Later, the bench deferred hearing of the case for three weeks.
