ISLAMABAD: 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).