Huzaima Bukhari and Dr Ikramul Haq

Regardless of Pakistan’s poor economic growth, rising poverty and inequalities, internal and external security threats and energy crises, extraordinary funds are made available to ensure that our rulers appear at par with leaders of wealthy nations. The size of entourage of Premier Nawaz Sharif during his foreign visits, lavish spending on food, stay at expensive hotels there at the expense of taxpayers’ money testify to this fact. This, in fact, has been the case with all rulers, military and civil alike. They live like emperors while the nation is in a quagmire of debts amounting to trillions of rupees. Reckless borrowing is their addiction, lavish spending is their pastime! This is the reason why majority of people in Pakistan do not feel like paying taxes and those who pay repent having done so!!

According to a report in a local English language newspaper [President, PM spent millions on ‘tips and Eidee’], President Mamnoon Hussain “paid Rs 6 million from taxpayers’ money as tips during his foreign tours while Prime Minister Nawaz Sharif gave away Rs 3.7 million of government money as Eidee to the lower staff of the PM’s office during 2013-14.” These largesse, according to the Auditor General of Pakistan, are “irregular”, “unauthorized” and in violation of the principles of “financial discipline”. It is further revealed by Auditor General of Pakistan that the President, in addition to the misuse of Rs 6 million as tips, also made an “irregular payment” of Rs 5 million from the Contingent Grant for the establishment of Community Center at the Presidential Estate Colony.”

The report further discloses that the President gave away Rs. 2.65 million as tips to waiters, security staff etc during his visits to China and South Africa in October 2013. In May 2014, the President again visited China and gave away Rs. 1 million as tips to waiters, drivers and serving staff. During his visit to Turkey, Nigeria and Saudi Arabia in June 2014, President Mamnoon Hussain gave away Rs. 1.9 million under the same head. During the same month, he once again visited Saudi Arabia and distributed from official funds tips worth Rs 496,750.

Auditor General of Pakistan has clearly observed in the report that these payments were against the instructions of the Finance Division. The Presidency, according to the Audit report, took the plea that “all the expenditures of boarding/lodging of President’s visit abroad were met from the allocated budget.” The Auditor General, however, rejected the Presidency’s justification and noted that “these spendings are totally in violation of the principles of financial discipline as expenditure is appropriated to specific heads of accounts to maintain budgetary and financial discipline.” The report observed: “Such irregular expenditure should be discontinued forthwith.”

In addition to the misuse of Rs 6 million as tips, the Presidency is also found guilty of making “irregular payment” of Rs 5 million from the Contingent Grant for the establishment of Community Centre at the Presidential Estate Colony. The audit report says the development expenditure of Presidential Estate Colony was not covered under the purpose of Contingent Grant.

Regarding Prime Minister’s Office, the report, while appreciating the fact that out of total allocation of Rs 878 million, including a Supplementary Grant of Rs 68.7 million, only Rs 730 million was utilised, noted irregularity of Rs 3.72 million given as ex-gratia to the employees of Basic Scale 1 to 4. When the auditors confronted the Prime Minister’s Office about this unauthorised spending, they were told that this was an established tradition that “every Prime Minister distributes ex-gratia out of the Contingent Grant to the employees.”

According to the reply by Prime Minister Office, the Prime Minister was pleased to approve one month’s basic pay to the employees of Basic Scale 1-4 of his office and Rs 4,000 each to the employees of the same grade of supporting departments as ex-gratia on the occasion of Eid-ul-Fitr 2013 out of Contingent Grant. The PM’s Office added that the purpose of Contingent Grant issued by the Finance Division was not above the authority of Prime Minister. As per Rules and Business, 1973 the Prime Minister as the competent authority to approve such cases without observing the purpose of Contingent Grant issued by the Finance Division. While rejecting this response, the Auditor General noted, “The reply (of PM Office) was not accepted because the guidelines issued by the Finance Division were fully applicable to payments from the Contingent Grant, being public funds.” The report added that the Finance Division’s guidelines were fully applicable to the Prime Minister also, as “these were public funds and not personal money”.

The report by Auditor General has raised a very pertinent and important question. It was not personal money but public funds. The question is why our rich Prime Ministers have not been paying ex-gratia from their own pockets? Why the President of Pakistan thought it fit to spend public money the way he liked rather than the specific purpose for which it was allocated. President and Prime Minister have the right to become philanthropists but not at the cost of taxpayers’ money and by misusing taxpayers’ money. Can they still hold public office after committing such breach of trust (misusing public money)? Though the answer is a big ‘NO’, but we all fully realise that nothing will happen even after the revelations made in this report by the Auditor General.

Do our elected representatives, President, Prime Minister, Chief Ministers, Governors, Ministers and other public office holders know why the Constitution provides qualification and disqualification? Of course, the purpose is to ensure that individuals possessing high moral and financial integrity should represent the people. But the existing system of electioneering does not guarantee it. Majority of public office holders and elected members shamelessly defy these standards and then argue that in the absence of ‘evidence’ nobody could remove them. Unfortunately, even when evidence is produced, like the latest report of Auditor General of Pakistan, neither the authorities having legal power take any action, nor do the courts initiate suo muto proceedings.

There is no likelihood of impeachment of the President under Article 47 of the Constitution or removal of Prime Minister under Article 95 or Article 62(f) for openly misusing taxpayers’ money. Even Opposition will not bother to move a resolution in the Senate or National Assembly. How can democracy work in a society that lacks accountability? Are the President and Prime Minister above law? Theoretically, the answer is NO, but practically YES. This is where the actual fault lies.

Taxpayers’ money is a public trust, but our elected representatives and rulers do not feel ashamed of misusing it. Many have been getting salaries and perquisites even after tendering resignations and some received full amounts as arrears on return. National Assembly in the last three budgets of the present government approved funds of billions of rupees for luxuries, maintenance of palatial houses, expensive cars, army of servants and foreign trips, and not enough for the welfare of people. This extravaganza and unauthorised use of taxpayers’ money is a criminal act as ordinary Pakistanis pay billions as taxes and rulers pay meagre amounts. The citizens get nothing in return. Instead they pay for their education and health and even for clean drinking water. Adding insult to injury, the rulers ruthlessly misuse their money to prove they are God-fearing. The fact is that they are not even inclined to pay from their own enormous wealth small amounts as Eidee to their staff on auspicious occasions like Eids. The writers, lawyers and

partners in Huzaima, Ikram & Ijaz, are Adjunct Faculty at the Lahore University of Management Sciences)