Supreme Court questions markup on ‘Dam Fund’ in ongoing case

ISLAMABAD: A three-member bench of the Supreme Court, led by Chief Justice Qazi Faez Isa, presided over the hearing of the ‘Dams Funds’ case, raising key questions about the handling of the funds and whether they can be kept in private banks to earn markup.

The apex court requested guidance from the federal government and the Water and Power Development Authority (WAPDA) on the matter. During the hearing, the Additional Auditor General clarified that the Supreme Court itself cannot retain the dams’ funds.

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He explained that, in accordance with a previous court order, a “Prime Minister Chief Justice Dams Funds Account” had been established. This account, overseen by the Registrar of the Supreme Court, was found to have no irregularities in terms of funds or accrued markup, following an investigation.

However, Chief Justice Isa expressed concerns regarding the appropriateness of the account’s title, stating that judicial decisions must not override the constitution and the law. He emphasised that the court is not reviewing the original order regarding the construction of dams but is solely examining whether the Supreme Court can hold the funds.

WAPDA’s counsel mentioned that 19 implementation reports have been submitted since 2018, reflecting the progress made on the project. Former Attorney General Khalid Javed Khan voiced no objections to changing the account’s name. However, he stressed that the funds should strictly be used for the construction of dams, rather than for government use.

The Additional Auditor General also noted that if the dams’ funds are transferred to the public account, no markup can be earned. Chief Justice Isa echoed this concern, questioning if public funds can be placed in private banks for markup purposes. He also remarked that in his 37 years of service, he had never encountered such a practice.

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The hearing saw lively exchanges, with Chief Justice Isa admonishing participants to avoid political discussions, stressing the need for constitutional support. When the former Attorney General alluded to recent media coverage, Chief Justice Isa firmly stated that the court would not permit newspaper reading during the proceedings.

The court adjourned the hearing until Friday.