ISLAMABAD: The Supreme Court on Wednesday barred the Port of Singapore Authority (PSA) from transferring immovable assets of the Gwadar Port Authority (GPA) until a final decision of the case.
The court also named the Balochistan government party to the case and issued notices to all other parties concerned. The bench consisting of Chief Justice Iftikhar Muhammad Chaudhry, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday was conducting a suo motu hearing on the matter.
Balochistan Advocate General Salahuddin Mengal told the court that despite a lapse of over two years, the name of Balochistan chief minister could not be notified as the chairman of the Gwadar Port Authority. He said Balochistan government also wanted to be party in the case.
The court expressed dismay over GPA for engaging a private lawyer, questioning his need in presence of the attorney general. Justice Ramday observed that engaging a private counsel was against the esteem of the attorney general’s office.
Ramazan Chaudhry, lawyer for GPA, argued that PSA has been give land for running three terminals at the Gwadar Port, adding that no other land had been given or was being given. Barrister Zafarullh Khan, a petitioner had highlighted that 600 square kms of land were being transferred to PSA.
Abdul Hafeez Pirzada, lawyer for the petitioner, told the court that Balochistan government had serious reservations over the GPA deal. He said it was a dispute between the two governments.
Reading out contents of the agreement, Pirzada contended that the agreement was contrary to the constitution, as GPA in its statutory capacity had not entered into an agreement, but the procedure was adopted by non-statutory body known as Gwadar Port Implementation Authority (GPIA).
He said a task force was also formed on maritime industry, which submitted its report highlighting various violations committed by PSA. The report stated that the entire thrust of PSA and its local partners was on acquiring several thousand acres of government purchased land free of cost and commercialising it for substantial profits.
Acquisition of land, however, was necessary but it should be under the jurisdiction of GPA, as in the case of Karachi Port and Port Qasim, it said. It was further stated that a rough calculation indicated that GPA would be paying out of government funds for maintaining the port until a minimum of 21 commercial ships call at Gwadar every week. This figure was impossible to achieve.
The report further stated that the government of Balochistan had rejected the agreement, as it does not benefit the province. It was stated that the basic concept of making Gwadar a transit port for Central Asia and China and a trans-shipment port for the region was flawed. The task force also recommended that PSA should be asked to provide a commercial business plan immediately, pending since December 2008.
After hearing the arguments, the court stayed transfer of the immovable property of GPA to PSA until a final decision of the case and issued notices to all the parties, including the Balochistan chief secretary, who were named respondents. The court adjourned proceedings for three weeks.
