SUPREME COURT OF PAKISTAN 
(APPELLATE JURISDICTION) 
 
 
PRESENT: 
MR. JUSTICE GULZAR AHMED, CJ 
MR. JUSTICE MUSHIR ALAM 
MR. JUSTICE UMAR ATA BANDIAL 
MR. JUSTICE QAZI FAEZ ISA  
MR. JUSTICE IJAZ UL AHSAN 
 
 
C. M. A. NO.490 OF 2021  
IN 
CONSTITUTION PETITION NO.20 OF 2013 
(Action against Distribution of Development Funds to 
MNAs/MPAs by Prime Minister)   
 
IN ATTENDANCE: 
 
For the Federation 
: Mr. Khalid Jawed Khan,  
Attorney General for Pakistan  
Mr. Sohail Mehmood, Addl. AGP 
 
 
 
For Govt. of Punjab : Barrister Qasim Ali Chohan, 
Addl. A.G. Punjab 
Khalid Mehmood, 
Addl. Secretary Finance, Punjab 
Shehbaz Ahmed Sheikh, 
Law Officer, Finance, Punjab 
 
 
 
For Govt. of KPK 
: Mr. Shumail Ahmed Butt, A.G., KP 
Mr. Aftab Ali Khan, Addl. A.G., KP 
Atif Rehman, Secretary Finance, KP 
Amir Sultan Tareen,  
Secretary, P&DD, KP 
 
 
 
For Govt. of 
Balochistan 
: Mr. Arbab Muhammad Tahir,  
A.G., Balochistan 
Mr. Muhammad Fareed Dogar, 
Assistant A.G., Balochistan 
 
 
 
For ICT 
: Mr. Niaz Ullah Khan Niazi, 
A.G., Islamabad 
 
 
 
For Govt. of Sindh 
(via video link from 
Karachi) 
: Mr. Salman Talib ud din, A.G., Sindh 
Saeed Ahmed Qureshi,  
Focal Person to Chief Secretary, 
Sindh 
Sikander Hassan,  
D.S. Finance, Sindh 
 
 
Date of Hearing : 
11.02.2021 
CMA.490/2021 IN CONST.P.NO.20/2013 
2 
 
 
 
 
 
 
 
 
 
  
 ORDER  
 
 
GULZAR AHMED, CJ.—  The learned Attorney General for 
Pakistan has filed a report by way of CMA No.751 of 2021, signed 
by the Secretary, Finance Division, Government of Pakistan, 
Islamabad.  The above report, inter alia, submits as follows: 
“iii) 
There is no discretionary allocation at the disposal of the 
Prime Minister, Federal Minister, Parliamentarian, or any 
other person, under the existing budgetary system.  As such, 
expenditures incurred are never person specific.  Rather they 
are Demand-specific, duly approved by the National 
Assembly.” 
 
It was observed in Court that the Prime Minister enjoys protection 
for his person under Article 248 of the Constitution, nevertheless 
he has in deference to our last order also signed the above report 
with the following endorsement: 
“It is submitted that no public funds are being distributed to 
Parliamentarians by the Federal Government and any report to the 
contrary in media is incorrect.  No money will be handed over to the 
legislators to carry out development schemes.” 
 
2. 
The learned Additional Advocate General, Punjab, has also 
submitted a report by way of CMA No.719 of 2021, signed by the 
Finance Secretary and the Chief Secretary, Government of the 
Punjab, where responding to query (b) in para 4 of the order of this 
Court dated 03.02.2021, it is stated as follows: 
 
“Public funds are allocated by the Provincial Assembly in 
terms of Articles 120 to 124 of the Constitution of the Islamic 
Republic of Pakistan.  Expenditure against aforesaid budgetary 
allocations is made in accordance with the rules made under 
Article-119 of the Constitution.  There is no provision in the rules 
ibid to hand over funds to legislators.  The Government of Punjab 
has neither handed over funds to legislators, nor is it in the process 
of handing over funds to legislators, and nor does it intend to hand 
over funds to legislators.  Under the Annual Development Program 
2020-21 prepared by the Planning & Development Board, 
Government of Punjab, no funds have been allocated at the sole 
disposal / discretion of the Chief Minister or Provincial Minister or 
any member of the Provincial Assembly.  The execution of various 
development schemes is made by the respective authorities 
mentioned in the above referred rules, which empower the 
concerned authorities mentioned therein to incur expenditure up to 
the limits prescribed under these rules.  Furthermore, the 
development schemes are project specific and no person specific.”   
 
CMA.490/2021 IN CONST.P.NO.20/2013 
3 
 
 
 
 
 
 
 
 
whether the Federal and provincial governments had handed over 
or intended to hand over monies to the legislators and/or carry out 
development works identified by them.” 
 
3. 
The learned Advocate General, Sindh, while appearing 
through video link from the Supreme Court Branch Registry, 
Karachi, has informed that the Government of Sindh has also filed 
its report by way of CMA No.750 of 2021, signed by the Secretary 
Finance as well as the Chief Secretary, Government of Sindh, in 
response to the order of this Court dated 03.02.2021. The response 
of the Government of Sindh to the query (b) of para 4 of the order 
of this Court dated 03.02.2021, it is stated as follows: 
“In response to query at Para-4(b) of the Order dated 03.02.2021 
passed by the Honourable Supreme Court of Pakistan, it is 
submitted 
that 
the 
Government 
of 
Sindh 
has 
not 
allocated/disbursed any Development funds to any MNA/MPA or 
notable in the Annual Development Plan (ADP-2020-21).   
 
It is further submitted that the Government of Sindh will make all 
allocations in accordance with the provisions of Constitution of 
Islamic Republic of Pakistan and the guidelines provided by this 
Honourable Court in its judgment (action against distribution of 
Development Funds by the Ex-Prime Minister, PLD 2014 Supreme 
Court 131) referred to in the order dated 03.02.2021.” 
 
4. 
In our order dated 10.02.2021, we have noted that the 
Government of Khyber Pakhtunkhwa by way of CMA No.568 of 
2021 so also the Government of Balochistan by way of CMA 
No.613 of 2021, have already submitted their replies where the 
categorical statements have been made that no development fund 
is going to be given to any of the MPAs/Ministers/Notables of their 
respective Provinces and that the development funds shall be used 
and spent as per the constitutional mandate and the rules framed 
by the respective Governments for utilization of the development 
funds, provided in their annual budget. 
5. 
The report of the Federal Government (CMA No.751 of 2021) 
submitted by the learned Attorney General for Pakistan in Court 
today, the relevant paras whereof have been reproduced above, 
amply demonstrate that none of the development funds shall be 
CMA.490/2021 IN CONST.P.NO.20/2013 
4 
 
 
 
 
 
 
 
handed over to any of the Federal Ministers, Parliamentarians or 
any other person under the existing budget and that whatever 
budgetary provisions have been made in the annual budget, the 
same will be utilized in the manner, as is provided in the 
Constitution and other applicable laws and regulations.  The 
reports of the Government of the Punjab so also Government of 
Sindh, in specific terms, have responded that no development fund 
is going to be given to any of the MPAs/Ministers/Notables of their 
respective Provinces and that the development funds shall be used 
and spent as per the constitutional mandate and the applicable 
rules framed by the respective Governments for utilization of the 
development funds provided in the annual budget.   
6. 
At this stage one of us (Qazi Faez Isa, J.) sought to place on 
record photocopies of certain documents statedly received by him 
from some anonymous source through a WhatsApp message.  
Copies of such documents were handed over by the Hon. Judge to 
other Hon. Members of the Bench.  A copy was also handed over to 
the learned Attorney General for Pakistan.  The Hon. Judge also 
stated that he was unsure if the documents were genuine.  The 
learned Attorney General for Pakistan submitted that since the 
authenticity of the documents was questionable, the same may not 
be taken on record.  He further submitted that in any event the 
Hon. Judge would become a complainant in the matter and in that 
capacity it would not be appropriate for the Hon. Judge to hear the 
matter.  The Hon. Chief Justice of Pakistan, therefore, observed 
that in these circumstances it would not be proper for the Hon. 
Judge to hear the matter considering that he had already filed a 
petition against the Prime Minister of Pakistan, in his personal 
capacity.  Therefore, to uphold the principle of un-biasness and 
impartiality, it would be in the interest of justice that the Hon. 
CMA.490/2021 IN CONST.P.NO.20/2013 
5 
 
 
 
 
 
 
 
Judge should not hear matters involving the Prime Minister of 
Pakistan.  
7. 
In view of the above position on record, it appears that the 
queries raised by this Court in the order dated 03.02.2021 have 
been responded/addressed by all the respective Governments and 
thus, we see no reason to further proceed with the matter.  
Accordingly, the Civil Miscellaneous Application No.490 of 2021 in 
Constitution Petition No.20 of 2013 is disposed of. 
 
