AL-JEHAD TRUST through Raees-ul-Mujahideen Muhammad (PLP)

This writ petition, like certain other writ petitions on collateral subject of misuse of powers by some high-placed State functionaries, has also emanated from W.P.No.7459 of 1993 which, in turn, had originated from the Press reports, alleging illegal and arbitrary allotment of a large number of residential plots by Mian Manzoor Ahmad Wattoo, the former Chief Minister of the Punjab, during his short tenure of less than three months, especially during the last day of his chief minister-ship, in various Housing Schemes of different official Departmental Agencies, mostly of the, Lahore Development Authority.

2. During the hearing of original Writ Petition No. 7459 of 1993 on 8-8-1993, Aljehad Trust, Rawalpindi, represented by Mr. Habib-ul-Wahab Al Khari and Sh. Muhammad Salim, Advocates, which by that time, on -its own request, was allowed to join enquiry proceedings as a writ petitioner, made. an application for summoning the record of Federal Bait-ul-Mal from Dr. Rashid Randhawa, its Ameen, in order to ascertain as to how the Prime Minister had been spending the money from Pakistan Bait-ul-Mal Fund and what sort of record was being maintained by him. The application was accompanied by copy of * the letter dated 6-7-1992 written by the Additional Secretary (E&F) of the Prime Minister's Secretariat, Islamabad, to the secretary-general .Finance Division for the release of Rs.20 crores .(200 millions) from the allocation of Pakistan Bait-ul-Mal for the year 1992-93, for providing financial assistance to the poor and needy by the Prime Minister. Since by that time this Court had also started probing into the affairs of the Punjab Bait-ul-MA the request of the petitioner was granted and Dr. Muhammad Rashid Randhawa, the Ameen, was summoned with the relevant record of the Pakistan Bait-ul-Mal from it establishment till 18-7-1993.

3. Doctor Randhawa, the Ameen of Pakistan Bait-ul-Mal, has appeared and recorded his statement. While doing so, he has also brought on the file the relevant record of the Prime Minister's Secretariat. The perusal of his statement and the record so produced by him, inter alia, indicates that Mian Nawaz Sharif as Prime Minister had obtained Rs.20 crores (Rs.200 millions) out of the total allocation of Rs.1000 millions to the Pakistan Bait-ul-Mal Fund for the year 1992-93, from the source through the Ministry of Finance before the money actually went to the Bait-ul-Mal Board, and out of this amount, he distributed Rs.73 millions to the needy, poor, widows, orphans etc., and surrendered the remaining amount of Rs.127 millions to the Ministry of Finance.

4. The statement Annex. 11 shows that from 23-8-1992 to 19-&1993 Mian Nawaz Sharif as Prime Minister held 13 functions, during which he from the Bait-ul-Mal fund so obtained distributed Rs.5,55,02,307 to 4973 needy and poor Persons of his choice averaging Rs.11,160.70 per head. The distribution list Annex. III contains the names of 862 persons, including some well-known firms of motor dealers, but the aggregated amount varies from page to page at the end. Somewhere it is Rs.6,81,58,445, somewhere it is Rs.6,72,73,160 and on the last page it is Rs.6,64,14,660 which in sequence should have been larger, while, as per letter, dated 24-8-1993, of the Additional Secretary (E&F) of the Prime Minister Secretariat, Islamabad, a sum of Its.73 millions was spent by the Prime Minister from the Bait-u ' I-Mal Fund of Rs.200 millions diverted by the Finance Ministry. This all remains a riddle and only the author of these fists can explain these substantial incongruities.

5. Further, as per entries of the list (Annex. 111), the amount distributed per head varies from Rs500 to many thousand rupees and in some cases it goes up to lacs of rupees per head, without any explanation for such a big 'Meharbani'. To be a little more precise, out of 862 beneficiaries mentioned in the list Annex 111, 36 persons got Rs.50,000 each, 20 persons Rs.100,000 each, 7 persons Rs.200,000 each, 5 persons Rs.150,000 each, a widow got Rs.300,000 and a lucky male from Lahore Rs.500,

000. Apparently the entire exercise seems to be arbitrary and even without lawful authority as the Prime Minister had nothing to do with Bait-ul-Mal Fund which under the law is to be, administered by a statutory Board. This being so.. I would have called upon him to explain his position but, unfortunately, our, judicial system stood so tailored and with the passage of time it has come to such a pass that no one belonging to a privileged class (to which he essentially belongs), can be asked by anyone in the country to account for his acts, howsoever unlawful and reckless the same might be. It is so because the system is meant only to punish the less fortunate, the weaker and the helpless and it cannot even ask, much-less punish. the wealthy, the powerful and the influential. If, somehow or other, some 'big fish! is caught once in a blue moon, he can easily get away with his liability by his machinations and manage to go scot free. So, in these circumstances, to call the Prime Minister for accountability, despite there being a good prima facie case against him, would be a wild goose chase, especially when the Federal and the Provincial Governments, in view of the stance adopted by their respective Law Officers in similar matters before this Court as also before the higher forums, also seem to have joined hands with the some affected/indicted politicians and their loyal senior public servants to hush up, and that too through the judiciary, their startling malpractices and even serious crimes. including the one involving open defiance, tantamounting to revolt and high treason, of the authority of the Federal Government- established by law and smash by ambush a Civil Armed Force of the Federation with the help of hosts of dangerously armed and well-entrenched bandits in case that Force tried to enforce the authority of the Federation would, therefore, prefer to refer the matter to' the Care-taker Prime Minister, for taking such action in public interest as he may deem proper, with the following observations:-- (i) In the Pakistan Bait-ul-Mal Act, 1991, the Prime Minister does not figure in any capacity and it is only the Management Board of the Pakistan Bait-ul-Mal which is competent to spend money from the Bait-ul-Mal Fund in accordance with the purposes of the Act. He. therefore, cannot handle the funds of Pakistan Baitul-Mal or any portion thereof, nor he can sponsor, patronise or modify the Food Stamps Scheme of the Pakistan Bait-ul-Mal, which is the exclusive preserve of its Management Board. (ii) Under the Prime Minister's Salary, Allowances and Privileges Act. 1975 (Act LIX of 1975) read with various entries of the Second Schedule appended thereto, the annual discretionary want of the Prime Minister even now is Rs.400,000 and he cannot spend any amount at his discretion beyond this amount, nor from any other allocation or fund constituting public money. (iii) The Ministry of Finance could not divert to the Prime Ministers Secretarial any amount from Bait-ul-Mal Fund earmarked and duly voted upon by the National Assembly for this Fund in the Annual i Budget for 1992-93, enable him to spend it in an arbitrary manner on the plea of exercise of his discretion, which is circumscribed by a number of principles, especially the one that 'a public functionary is to spend public money in such a cautious manner as a prudent man. would spend his own money. (iv) There seems to be no judicious, systematic, and equitable method of selecting the poor and needy for the distribution of funds nor any criteria for the allocation of quantum of funds per head. So it is highly arbitrary and unjust, aiming at self-projection and self-aggrandizement of the distributor at public expense. (v) There is a Constitutional post of Auditor-General of Pakistan, whose duty is to audit the account of that Federal and Provincial Government, but it appears that he and his officers have become non entities and they do not figure anywhere, otherwise the public money would not have been wasted so recklessly- (vi) Besides the' statutory discretionary fund of Rs.400,000 per year, referred to above, there seem to be a number of discretionary funds placed at the disposal of the Prime minister or Prime Ministers Secretariat, such as a portion of the Bait-ul-Mal fund, out of which the Prime Minister utilized 73 millions; Prime ministers 'Fund for Welfare of widows and orphans, which, according to Dr. Rashid Randhawa, was closed and a substantial amount thereof was transferred to the Pakistan Bait-ul-Mal Fund; and the Grant for the Poor and Needy, from which a sum of Rs.30 millions has been allocated by the Ministry of Finance during the current financial year 1993-94. No one knows how these discretionary Funds, excepting the one created by Act lJX of 1975, have originated and what is the legal force, or sanction behind them (vii) The distribution of even private money, much-less public funds (even if their distribution is legally permissible), to the needy and poor publicly in telecast functions is against 'Shari, which by virtue of section 3 of the Enforcement of Shariah Act, 1991, is the supreme law of the country and under section 5 thereof its observance for every Muslim citizen is obligatory, because distribution of alms or charity by display injures the self-respect and human dignity of its recipients and it is in violation of the following direct verse of the Holy Quran:-- Verse of the Holy Quran: (viii) From the probe held by the Court in connected matters, it is obvious that where Mian Nawaz Sahrif as Prime Minister was dissipating huge amount from Pakistan Bait-ul-Mal Fund to his selected so-called poor and needy persons, Mr. Ghulam Haider Wyne and his successor Mian Manzoor Ahmad Wattoo were frittering away his chunks from the Punjab Bait-ul-Mal Fund and Jehad Fund. However, the dissipation of Mr. Wattoo was more dangerous and callous because he and his colleagues were investing the poors money for the execution of a deep-rooted conspiracy against the Federation through the top civil servants and senior police officers supported by the hired armed 'bandits and if the higher echelons of the Armed Forces had not tactfully intervened in time, it could result in a large scale blood-shed all over the country, posing a serious threat to its very existence. And now they all want to take shelter by hinging on legal technicalities under the powerful wings of the Judiciary which, it is hoped, would not become a party to this dangerous game. (ix) Various financial irregularities of serious nature noted above, involving huge amounts of public funds, indicate the magnitude of bungling and financial in-discipline at the highest level in the Federal Government whose duty it is to control others. A copy of this letter alongwith the original record, if any, produced by Dr. Rashid Randhawa, should be safely transmitted to the Additional Secretary (E&F) of the Prime Minister's Secretariat, Islamabad, for placing it before the Prime Minister. The writ petition is disposed of accordingly. M.BA./A-491/L Petition disposed of.