Islamabad: Chief Justice (CJ) Iftikhar Muhammad Chaudhry has said that political concessions and illegal appointment cannot establish good governance. Heading a division bench of the apex court the chief justice lashed the government for its governance in curbing corruption with special reference to rental power projects (RPPS) in the face of crippling power shortage. “Load shedding was finished on single announcement of Prime Minister when people were on the street, all issues can be resolved if the government function sincerely” CJP remarked.
Counsel of ministry of water and power, Khwaja Tariq Rahim told the court, PEPRA rules were not violated in rental project. The project was not bad but it was defamed. Tariq said, the country was facing power shortage which is a reality.
He said, award of contracts after bidding of the projects was lawful but the discrepancies can be removed if the court finds any.
The counsel contended, the companies did not started production on time are being heavily fined. CJP remarked, fine was not a solution, why the case was not sent to the National Accountability Bureau (NAB) against the person responsible of load shedding. Rahim said, real cause of load shedding was nonpayment of electricity bills. Institutions all over the county are liable to pay Rs.70 billion dues. Only Baluchistan is liable to pay Rs.65 billion dues and there was less chance of recovery.
CJP said, recoveries could be made only if writ of the government was established and without good government government’s writ was difficult to establish. Justice Khilji Arfi Hussain observed, 32 percent electricity is stolen and entire burden is shifted on poor’s shoulder. There was no need of rental power projects, if the Independent Power Plants (IPPs) could be properly, adding load shedding was finished due to the payment to IPP’s. Chief justice asked the counsel who approved rental power project? How the karkey company was paid 14 percent mobilization advance without cabinet’s approval? Why a company was allowed to continue its function when it failed to produce electricity on time? Rahim said, Karkey rental power project was wrongly linked with the Prime Minister’s relatives. He said, two contracts of RPP were cancelled and mobilization advance was retrieved. Those projects did not physically exist on ground but mobilization advance for them was approved.
He said mobilization advance was retrieved from Reshman rental plant along with fine and markup. He said, the delay in rental project was not criminal negligence but was mere negligence. Rental machinery has arrived in the country and can be used with imposition of fine and even the machinery can be confiscated. Criminal cases should be registered against such official, CJP remarked to which the counsel suggested to constitute a commission to probe negligence and fixation of responsibility.
“We will not constitute a commission but announce the verdict now” CJP said.
He said, the government should entrust honest officers. Director General Rangers was trusted on Karachi’s issue and he delivered and finished “No Go Areas”. Chief justice stressed the counsel to reveal the name of a person who had interest in rental power projects. The court appointed Advocate Anwar Kamal as amicus curie for court’s assistance and asked the parties to provide all record to him.
The court adjourned the case till Tuesday (Tomorrow).