Sh. BASHIR AHMAD vs MUHAMMAD ASADULLAH (deceased) arts — 2024 PLD 1262 SUPREME-COURT

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Sh. BASHIR AHMAD VS MUHAMMAD ASADULLAH (deceased) arts. 78(2)(b) & 184(3)---Construction of Diamer Bhasha Dam and Mohmand Dam---Raising of funds---account established on the orders of the Supreme Court in the name of 'The Supreme Court of Pakistan and the Prime Minister of Pakistan Diamer-Bhasha and Mohmand Dams Fund' for collecting donations for construction of dams---Transfer of funds from the account to the Public account of the Federation---Implementation Bench constituted by the Supreme Court (on 9 January 2019) to oversee the issue of construction of dams---Record did not show that the Implementation Bench undertook any work or that the progress reports submitted by Water and Power Development authority ('WaPDa') were ever examined by it---If the Implementation Bench did not examine the progress reports then their submission was pointless---Moreover, except for one, all the Judges of the Implementation Bench had since retired and were not replaced by the Supreme Court---WaPDa's counsel also stated that preparation of progress reports consumed time, money and effort---Filing of the progress reports without the same being examined by the Implementation Bench served no purpose---Therefore, unless specifically directed, WaPDa need not submit further progress reports in the Supreme Court---State Bank of Pakistan ('SBP') submitted its report in the Supreme Court, which stated that, as on 4 October 2024 the total collected amount was Rupees 11,475,776,584 and the mark-up earned thereon was Rupees 12,194,306,459---accrued mark-up had exceeded the amount collected, and the mark-up was paid by the Federal Government---Total amount (principal and mark-up) was Rupees 23,670,083,043---WaPDa's counsel stated that the present projected cost of the said dams was seven hundred and forty billion rupees---amount in the subject account, therefore, constitutes only 3.2 per cent of the money required to build the said dams, and of such amount the larger portion the Government itself had paid in the form of mark-up---Supreme Court directed that the amount in the account maintained in the name of 'The Supreme Court of Pakistan and the Prime Minister of Pakistan Diamer-Bhasha and Mohmand Dams Fund' by the State Bank of Pakistan shall be transferred to the Public account of the Federation (in terms of article 78(2)(b) of the Constitution); that upon transfer of the total amount from the abovementioned account the same should be closed; that a sub-account in the Public account of the Federation be created or other appropriate measure be taken to enable the said amount to be lent to the best rated private scheduled bank(s) so that mark-up can be earned thereon; and when any amount was required for the construction of the said dams the amount collected and mark-up accrued thereon should be so utilized.

Sh. BASHIR AHMAD vs MUHAMMAD ASADULLAH (deceased) arts — 2024 PLD 1262 SUPREME-COURT

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