The Supreme Court has constituted a commission headed by former
Justice of apex court Rehmat Hussain Jafari to probe the wrongdoings in
975 Mega watt power projects of Nandi Pur and Checho Ki Mallian on the
plea of Khawaja Muhammad Asif a leader of PML-N, stating that delay in
both projects have cost loss of 68 billion rupees to the country.
The commission would present report to the Apex court within four
weeks after probing the matter and fixing the responsibility of delay in
completion of projects as well as total loss to the country.
A two-member bench of SC comprising Chief Justice Iftikhar Muhammad
Chaudhry and Justice Khilji Arif Hussain heard the petition filed by
Khawaja Asif under Article 184 (3) of constitution, on Wednesday.
The court said in its order that prima facie the main cause of delay
in these projects is intentionally negligence of the officials which
causes a huge loss to the nation, adding that the responsible of the
loss would be nominated.
Court observed that the commission would file its investigation
report within four weeks, adding that commission can hire services of
any expert. Court said that ministries including Law ministry, water and
power, Finance Ministry would remain bound to facilitate the
Commission.
Court further said that the contractor would continue working on
projects without any influence and competent authority would completely
cooperate with contractor. Commission can summon to any authority from
all over the country court maintained.
During the course of hearing the Deputy Attorney General Shoaib
Shaheen presented PEPCO report on Nandi Pur (450 MW) and Checho Ki
Mallian (525 MW) power projects (RPPs).
The Chief Justice Iftikhar Mohammad Chaudhry remarked that no trust
worthy anti-corruption institution left in the country, adding that FIA
is simply not interested in any of its function, Ombudsman is also not
available, and authority of NAB has been challenged.
CJP remarked that it is state of affairs that a file takes five
months in shifting to one table to other, adding that the nation suffers
in fight of officials.
During the course of hearing the petitioner Asif Khawaja said that 6
billion rupees have been paid to a Chinese company in advance to start
these projects, adding that imported machinery for Nandi Pur project is
present at the Karachi port whereas the machinery for Chicho Ki Malian
has not been imported yet because of delay in documentation between
various ministries and competent authority.
Asif stated that government has committed criminal negligence, adding
that the electricity produce by these would cheaper than IPPS and
rental projects. 68 billion rupees lost has been given to the nation by
leaving these projects incomplete, Khawaja informed.
Chief Justice said that court can not close eyes and the history is
being written. Those who should be probed are being appointed
secretaries and all the inquiries sent by the court are pending,
observed the court. Those who mean business are sent to
Gilgit-Baltistan.
Later, the apex court adjourned the hearing of suo moto notice and
petition filed by Minister of Housing and Works Faisal Saleh Hayyat
against rental power projects (RPP’s) till today (Thursday).
During the hearing the lawyers of RPP’s and ministry of water and
power raised objection that Faisal Saleh Hayat can not appear before the
court because he is member of cabinet, adding that he can morally
appear before the court after permission of prime minister and after
resigning from ministry.
In reply of objection Faisal stated that he has elected member of
National Assembly for six times and remembers the wording of oath that
say “ I would protect the constitution”. Lawyers should also keep moral
values in their mind who have taken huge fees in millions for this case,
Faisal said.
Faisal said that he has filed this petition in personnel capacity and he knows the consequences of this appearance.
CJP said that Faisal would responsible for appearance before the
court if cabinet inquires him about this appearance, adding that court
should not be involved into these matters.
Later, Faisal inquired the time for preparation of the case and court adjourned the hearing till today (Wednesday). SANA