The discretionary powers of the chief executive are not unlimited, the Supreme Court said on Thursday while hearing a case pertaining to the distribution of discretionary fund by a former prime minister.
“Being a chief executive does not mean one can do whatever he wants to. His discretionary powers are not unlimited,” Chief Justice Iftikhar Chaudhry said during the hearing of the case.
“Discretionary fund can be issued at the time of immense need or emergency. All ministers, including the prime minister, take the oath that they will not give probity to their personal interest,” he said.
Advocate Iftikhar Gillani told the court that development funds could not be issued through changes in additional grants and PSDP. “The PM cannot issue amount for any development, which is not approved in the budget.”
To this, the CJP said carrying development work was the responsibility of the administration, the lawmakers did not have anything to do with it.
The CJP added that the Indian High Court had declared that chief minister not be given any discretionary powers but the Indian Supreme Court declared the decision null and void.
Justice Azmat Saeed said development work was not the part of the federal contract list.
Representing a former chief minister, Wasim Sajjad said expense money that was approved through additional grant could be utilized, adding that “the PM decides in accordance with the authority of the National Assembly. The Public Accounts Committee (PAC) has the right to investigate all expenses”. He said all approved amounts were in accordance with payrolls.
