Another standoff between the government and judiciary is set to take ground as the Supreme Court on Thursday barred its registrar from appearing before the Public Accounts Committee (PAC) of parliament, despite the body issuing multiple notices to the SC registrar for the purpose.
The PAC is now likely to review the option of sending a reference to parliament against the Supreme Court in its meeting today (Friday).
The SC office on Thursday answered questions arising over the appearance of the SC registrar before the PAC body by issuing an official statement that the registrar would do no such thing.
The SC statement said the issue of appearance of registrar before PAC had been discussed in many full court meetings wherein it was decided that under the constitution as well as the law, the PAC was not competent to scrutinise the accounts of the apex court, hence the registrar was not required to appear before it.
“Reference in this regard be made to the mandatory requirement of the Constitution. In its very Preamble, the Constitution states, ‘… it is the will of the people of Pakistan to establish an order; wherein the independence of the judiciary shall be fully secured’,” it said.
The SC statement said although the apex court saw the parliamentary body with respect, it was not authorised to scrutinise the judiciary’s accounts.
It added that Article 175-3 of the constitution separated the judiciary from the executive and PAC was only authorised to scrutinise national accounts, whereas in accordance with the Article 68 of the constitution, conduct of the judges could not be debated in parliament.
“Indeed, under the financial procedure of the Supreme Court, apart from the Registrar, the Chief Justice and senior judges of the Supreme Court do accord sanction of money for procurement and payments e.g. purchase of books, equipment, transport, stationary and payment of medical bills in keeping with functions assigned to them. And since the Constitution places a complete ban on any discussion in parliament as regards ‘the conduct of any judge… in the discharge of duties’, therefore, the PAC, being a committee of parliament, is not authorised to do so,” the statement added.
“It has also been clarified to the PAC that accounts of the apex court of the country have been continuously audited by the Federal Audit. The Supreme Court administration has never declined the auditing of its accounts. The last annual external audit of accounts of this court for the financial year 2009-10 was conducted in September 2010, whereas, the external audit for the years 2010-11 and 2011-12 is awaited. In this regard, the Supreme Court administration has already received letter No Coord/Audit-Intimation/2012-13/F-690/260 dated 29.6.2012 from the Director General Audit, Islamabad that their audit parties will be visiting the Supreme Court for conducting the audit,” the apex court said while excusing to allow the registrar to appear before PAC.
A source privy to developments in the PAC informed Pakistan Today that the committee would review the situation set off by the SC statement.
He said PAC would review the option of sending a detailed reference against the Supreme Court, to parliament for not presenting the details of their accounts before the PAC.
Legal experts are of the view that PAC enjoyed the option of filing a petition in the apex court over the issue and that option might be considered by members of the body in their sitting today.
During the PAC meeting on Thursday, audit officials pointed out that the office of Auditor General of Pakistan did not enjoy any legal cover in form of proper legislation like act of constitution and was being maintained through ordinances.
Audit officials said a draft to provide a legislative cover to the Auditor General of Pakistan was being floated in various ministries from the last one year and interlinking the Ministry of Finance with AGP was like giving the SC under the supervision of Ministry for Law and Justice.
To this, PAC Chairman Nadeem Afzal Gondal said the office of Auditor General of Pakistan was recognised everywhere other than with those who claimed corruption of Rs 7 billion a day.
The finance secretary clarified that the AGP office was a sovereign entity and no one interfered in its affairs.
