After making Walters Power International return Rs 2 billion to the state exchequer, the Supreme Court has ordered power firm Techno Energy to refund Rs 780 million along with the mark up for failure to fulfill the terms of its contract with the government. The recovery is all the more welcome as it comes at a time when the country faces an unprecedented financial crunch. Meanwhile, the Supreme Court has also summoned a former federal minister and three retired generals in the Rs 50 billion Royal Palm and Country Club land scam. One hopes the court will succeed in retrieving the big amount in this case also. What worries one however is the governments inaction in these cases which has led the Supreme Court to intervene.
The Techno Energy case was lying unresolved for two years while the Royal Palm and the Country Club scam is much older. The government had enough time in both cases to proceed against those involved. Few will be willing to buy the explanation advanced by PM Gilani at the luncheon for Western diplomats on Thursday. He said checking corruption is like walking a tightrope and that it was difficult to balance development activities, resolve national issues and check corruption simultaneously. The government could have very well directed the NAB or FIA to conduct the necessary enquiries and take action in accordance with the law. That the cases finally landed up in the Supreme Court proves the government failed to carry out its duties. What the Supreme Court has done in cases against the RPPs is to resolve the issue in a few sittings and take action against the defaulters. The court has no implementation machinery of its own. It simply ordered the FIA to register the cases against RPPs in case they fail to urgently make the payments.
The government has to realise that unless it performs its duties efficiently, it stands to lose turf. It does not bode well for the health of the system when institutions start encroaching upon one anothers territory. Among other things, it promotes an unhealthy rivalry and causes bickering. What is more at times the encroaching institution might not have the necessary expertise to do the job it decides to undertake. However, the executive has no right to complain if it fails to take action on a matter of vital importance for economy or governance for years forcing the judiciary to intervene.