Pakistan Case Law
2018 SCP 1097

SUO MOTU NOTICE TAKEN IN COURT vs N/A

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Citation2018 SCP 1097
CourtSupreme Court of Pakistan
Date2018-02-28
Judge(s)Ijaz-ul-Ahsan, Mian Saqib Nisar, Umar Ata Bandial
ResultN/A
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a Suo Motu notice taken by the Supreme Court of Pakistan regarding the practice of Provincial Governments in Punjab, Sindh, and Khyber Pakhtunkhwa utilizing public funds for advertisements that promote political figures and parties. The Court observed that these advertisements, ostensibly for public information, constitute self-projection and aggrandizement at the taxpayers' expense. The Court held that such expenditure is an improper use of public funds, potentially providing an unfair advantage to the ruling party in an election year and amounting to pre-poll rigging. To address this, the Court directed the Provincial Governments to submit detailed reports regarding expenditures incurred on these advertisements, including specific breakdowns of costs, the media houses involved, and the government departments responsible for the payments. The Court mandated that these reports be submitted within one week, signed by the respective Provincial Secretaries of Information, and countersigned by the Chief Secretaries, supported by sworn affidavits confirming the accuracy of the information provided to ensure transparency and accountability in the use of public resources.

Questions settled in this judgment
  • Does the use of public funds for government advertisements featuring political leaders constitute an unfair advantage in an election year?
  • Can the Supreme Court direct provincial governments to disclose expenditures related to media advertisements?
  • Is the expenditure of public funds on self-projection by government officials permissible under the principle of public accountability?
Suo Motupublic exchequerpre-poll rigginggovernment advertisementsmisuse of public fundspolitical self-projectionaccountability

It has come to our notice that the Governments of Punjab, Sindh and Khyber Pakhtunkhwa are running advertisements in various print and electronic media forums. Through such advertisements they are indulging in self projection and aggrandizement under the garb of informing the public about the projects completed or being undertaken by them in their respective provinces during their tenure as the Government(s) (Provincial) in power.

Such advertisements and paid content contain photographs of prominent politicians and leaders of the political parties in power. Such profligacy which is obviously undertaken at government expense and taxpayers money should not be burdening the public exchequer. It not only causes wastage of public funds which could otherwise be allocated and utilized for welfare of the public, it also results in providing an unfair advantage to the ruling party in the forthcoming elections. Moreover , in the present circumstances being an election year this may tantamount to pre-poll rigging.

2. Let complete and accurate details be submitted before this Court inter alia about the following matters: - i) all the expenditures/amounts incurred/used on such advertisements with separate details relating to electronic and print media. ii) Identity of print and electronic media houses / groups who have been paid to publish / telecast / broadcast such advertisements. iii) Names / identification of newspapers / magazines / TV channels /Radio stations which have run such advertisements / paid content and aggregate amounts paid / payable to each in the last three months. iv) The names of government departments, semi government entities, government companies other departments / entities / organizations who have been directed to pay such amounts or through which such amounts have been paid. v) A summary of the aggregate amount that each Province has spent so far in such extravagant displays and self- projection by the respective Provincial Governments.

3. A detailed report containing the above information shall be submitted under the signatures of the respective Secretaries Information of each province which shall be countersigned by Chief Secretary of each Province. The Chief Secretaries shall also submit sworn affidavits with each report confirming that all information has been checked and rechecked it is accurate and supported by the relevant record and no information has been concealed / misstated or withheld for any reason. Such report shall be filed within a period of one week from today . The office shall transmit copies of this order through courier service/Fax/email to Chief Secretaries of all provinces for compliance. Re-list on 12.03.2018.

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