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Chief Justice Ordered Central Bank to Pay MoF: Document

Documents seen by TOLOnews reveal that the Chief Justice of the Supreme Court signed the transfer of 15 billion afs from the Central Bank of Afghanistan to the Ministry of Finance on a verbal command from President Ashraf Ghani.

“In order to avoid public losses that the government is facing right now, we do not see any serious obstruction in the transaction of net income specified in the article 2, paragraph 5 and item 1 of article 29 of Da Afghanistan Bank,” reads the document.

Based on the document, Da Afghanistan Bank transferred the amount to the Ministry of Finance before the financial year.

Sources have told TOLOnews that the issue of transfer of the money from Da Afghanistan Bank was discussed at a meeting in the presidential palace by the Minister of Finance where chairman of Da Afghanistan Bank Wahidullah Nawsher requested President Ashraf Ghani to issue an order regarding the transaction.

But Ghani lashed out chairman of Da Afghanistan Bank and asked head of the Supreme Court and Second Vice President Mohammad Sarwar Danish to write their legal perspectives about the law states about the transfer of the amount.

According to the source, the informal letter that was singed by the head of the Supreme Court and the Second Vice President had been written by the order of the president in the presidential palace.

“Neither the Supreme Court nor the president have the authority to issue orders on the money transactions,” said Azim Mohseni, head of parliament’s budget commission.

“They should have been found legal ways for it, if they were facing issues with the salaries of the government employees or facing low cash, they should have addressed this along legal channels,” said Abdul Rauf Enaami, a member of parliament.

“Whatever is done, it must be in accordance with the law--whenever an amount is transferred from one code to another, it should have the approval of the parliament,” said Mir Afghan Safai, member of parliament.

“Based on the law of Da Afghanistan Bank, the Supreme Court has given its interpretation,” said Sharifullah Shegwal, spokesman for Da Afghanistan Bank.

The Ministry of Finance has confirmed the document, but the Supreme Court has expressed unawareness about the issue, even  though there is a signature from the Chief Justice on the bottom.

“The national unity government does whatever it wants without considering what the law says,” said Wahid Farzayee, legal expert.

According to reports, the Ministry of Finance had already transferred  7 billion afs from Da Afghanistan Bank to the revenue department of Ministry of Finance.

Until now it is not confirmed how much money the Da Afghanistan Bank has to pay to the Ministry of Finance.

No one from Da Afghanistan Bank was available to comment.

Chief Justice Ordered Central Bank to Pay MoF: Document

The document shows that Da Afghanistan Bank transferred 15 billion afghanis to the Ministry of Finance before the financial year.

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Documents seen by TOLOnews reveal that the Chief Justice of the Supreme Court signed the transfer of 15 billion afs from the Central Bank of Afghanistan to the Ministry of Finance on a verbal command from President Ashraf Ghani.

“In order to avoid public losses that the government is facing right now, we do not see any serious obstruction in the transaction of net income specified in the article 2, paragraph 5 and item 1 of article 29 of Da Afghanistan Bank,” reads the document.

Based on the document, Da Afghanistan Bank transferred the amount to the Ministry of Finance before the financial year.

Sources have told TOLOnews that the issue of transfer of the money from Da Afghanistan Bank was discussed at a meeting in the presidential palace by the Minister of Finance where chairman of Da Afghanistan Bank Wahidullah Nawsher requested President Ashraf Ghani to issue an order regarding the transaction.

But Ghani lashed out chairman of Da Afghanistan Bank and asked head of the Supreme Court and Second Vice President Mohammad Sarwar Danish to write their legal perspectives about the law states about the transfer of the amount.

According to the source, the informal letter that was singed by the head of the Supreme Court and the Second Vice President had been written by the order of the president in the presidential palace.

“Neither the Supreme Court nor the president have the authority to issue orders on the money transactions,” said Azim Mohseni, head of parliament’s budget commission.

“They should have been found legal ways for it, if they were facing issues with the salaries of the government employees or facing low cash, they should have addressed this along legal channels,” said Abdul Rauf Enaami, a member of parliament.

“Whatever is done, it must be in accordance with the law--whenever an amount is transferred from one code to another, it should have the approval of the parliament,” said Mir Afghan Safai, member of parliament.

“Based on the law of Da Afghanistan Bank, the Supreme Court has given its interpretation,” said Sharifullah Shegwal, spokesman for Da Afghanistan Bank.

The Ministry of Finance has confirmed the document, but the Supreme Court has expressed unawareness about the issue, even  though there is a signature from the Chief Justice on the bottom.

“The national unity government does whatever it wants without considering what the law says,” said Wahid Farzayee, legal expert.

According to reports, the Ministry of Finance had already transferred  7 billion afs from Da Afghanistan Bank to the revenue department of Ministry of Finance.

Until now it is not confirmed how much money the Da Afghanistan Bank has to pay to the Ministry of Finance.

No one from Da Afghanistan Bank was available to comment.

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