The court said the officials responsible for the delay in the functioning of RPPs must be held accountable. It also directed that the commission could acquire the services of any expert in probing the matter and the Finance Ministry and all relevant departments would extend support to it and also bear the expenses. The commission would submit its report within four weeks.
A two-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry and comprising Justice Khilji Arif Hussain was hearing the application filed by PML-N leader Khawaja Asif.
The Chief Justice said the court could not shut its eyes to corruption, adding that the cases of the officials involved in the RPPs? corruption would be sent to the National Accountability Bureau (NAB). He said the Federal Investigation Agency (FIA) to whom the corruption cases have been sent is showing no progress and if the court orders action against the relevant officer he is promoted to high rank next day, while an honest and capable officer, who likes to perform his professional duties is transferred to Gilgit-Baltistan.
?Those who should be probed are being appointed secretaries and all the inquiries sent by the court are pending,? Chief Justice remarked.
The Chief Justice remarked that every institution in the country is infested with corruption and there is not even a single institution which could be trusted.
Petitioner Faisal Saleh Hayat, who has become Minister for Housing and Works after the PML-Q joined the PPP-led government about five months ago, informed the court that the Ministry of Water and Power is responsible for the non-completion of the rental power projects owing to which the country faced severe loadshedding. He added the Asian Development Bank has also mentioned this aspect in its report. He said the work on RPPs was intentionally delayed for the sake of kickbacks and the Ministry?s officials presented wrong data to the government and the Cabinet. Kh Tariq Rahim, counsel for Ministry of Water and Power, objected to the appearance of Faisal before the court. He said Faisal should have taken permission from the prime minister before appearing in the court. However, the court dismissed his objection.
Shahid Hamid, who represented the rental power companies, said that morally Faisal should have resigned like Babar Awan and Zulfiqar Mirza before appearing in the court. On this, the federal minister remarked no one should give him sermon on ethics as he was an elected member of the National Assembly for six times and was minister in various governments. Faisal said he knows his oath ?That I will protect the Constitution of Pakistan?.
The PML-Q leader said he has appeared before the bench on the court notice in his personal capacity. He said as he is not fully prepared, therefore, the court adjourned the case for today (Thursday). Earlier, during the course of hearing, Deputy Attorney General Shoaib Shaheen presented the Pepco report on rental power projects. The court after examining the report said the circumstances have come to a point where a file from the minister?s table reaches to secretary?s table in five months.
The Chief Justice said nobody is taking the matter seriously, while the officials? negligence has caused a huge loss to the national exchequer, adding that the nation is suffering due to the bickering of officers. The court observed had the government taken timely steps, the RPPs might have been completed and the people would not have become victim of loadshedding.
Kh Asif informed the court that due to government?s negligence the RPPs could not be completed so far. Had the RPPs been completed, the electricity would have been cheaper.
He said that Nandipur and Chicho Ki Malian Rental Power Projects were expected to produce 975 MW and for that Rs 6 billion were paid to a Chinese company in advance. The Nandipur machinery is lying at the seaport since April 2010, while the machinery for other RPPs was not imported so far. The court has directed to start work on these two projects.
The Chief Justice said the court would seek the opinion of the experts and after that the cases would be sent to NAB. On this, Kh Asif said the PML-N has challenged the appointment of NAB chairman therefore these cases should be sent to Public Accounts Committee. The CJP said they are unaware whether they have authority of it or not? He further said the Federal Ombudsman post is lying vacant, while the FIA not performing its duties, and if the appointment of the NAB chief is also challenged then where the court could send corruption cases?
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