Dear Justice Qazi Faez Isa,
As the incoming Chief Justice Pakistan, I wish to address a matter of utmost importance – the issue relates to the judicial overreach that was evident during the tenure of former Chief Justice Saqib Nisar. I am particularly concerned about a decision that involves the Dam Fund, which demands attention in light of the serious economic challenges that Pakistan is currently facing.
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The creation of the Dam Fund in July 2018, spearheaded by former Chief Justice Nisar, is a decision that raises several questions. This decision was taken by a four-member bench, including current Chief Justice Umar Ata Bandial, Justice Munib Akhtar, and Justice Ijaz ul Ahsan. The order, as reported in the media, emphasized that no authority or department should scrutinize the source of money deposited into the Dam Fund. Furthermore, it stipulated that the utilization of the fund would be contingent upon an audit directed by the Supreme Court.
During a religious event (as reported in The News on April 21, 2023), Chief Justice Nisar mentioned how the Dam Fund he initiated had grown from Rs10 billion to Rs17 billion. This increase was attributed to investments in government T-Bills. It is worth noting that even former Prime Minister Imran Khan and leaders of Tehreek-e-Insaf joined in the fundraising campaign for the dam. Many accompanied Saqib Nisar on fundraising trips abroad. Funds were reportedly collected from various sources, including government employees and fines imposed by the Supreme Court. The State Bank governor reported on January 9, 2019, that over Rs9.1 billion had been collected from more than 50 countries for the Dam Fund.
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While the generosity of the people in contributing to the Dam Fund cannot be understated, there are pressing concerns that need to be addressed. The accumulated funds, amounting to Rs17 billion, are currently held in an account. However, these funds are essentially part of the executive’s resources, and their purpose and utilization warrant thorough consideration. Pakistan is grappling with economic challenges, as evident from its reliance on loans, including those secured through the IMF, and external deposits amounting to $19 billion in the fiscal year 2023-24 alone. In light of these economic pressures, it is essential to evaluate whether maintaining Rs17 billion in an inactive account aligns with the nation’s best interests.
As the incoming Chief Justice of Pakistan, I have the utmost faith in your commitment to justice and fairness. As a taxpayer and concerned citizen of Pakistan, I earnestly beseech you to consider releasing these funds to the government for the country’s vital needs. It is my sincere hope that your sense of justice, guided by the principles of transparency, fiscal responsibility, and national welfare, will lead to a thoughtful and appropriate resolution of this matter.
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The writer is a lawyer, academic and political analyst. She has authored a book titled ‘A Comparative Analysis of Media & Media Laws in Pakistan.’ She can be contacted at: [email protected] and tweets at @yasmeen_9
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