SC rejects NAB’s proposal to reutilize RPPs

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The Supreme Court on Thursday declined to approve the National Accountability Bureau (NAB) chairman’s proposal for reutilization of existing rental power plants (RPPs) through a transparent bidding process to address prevailing energy crisis in the country. A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry expressed dismay over non-implementation of the court’s March 30 verdict in letter and spirit, in which it had rescinded all the RPP contracts by declaring them illegal and non-transparent besides asking the NAB chairman to proceed against all persons, including former power minister Raja Pervez Ashraf.
In its maiden fortnightly progress report pertaining to the implementation of the court’s verdict in the RPP case, NAB Chairman Fasih Bokhari sought approval of the apex court relating to suggestion that he intended to ask the government to put up for bidding all rental power plants for generation of electricity in Pakistan. After going through the report, the bench decided to hear the case in open court and fixed the matter in supplementary cause list where NAB chief Fasih Bokhari was summoned. Admonishing NAB authorities, the CJ said, “Not a single step has been taken by NAB to implement the court verdict so far – the person involved in the scam was given the portfolio of a minister.” During the course of hearing, NAB Prosecutor General KK Agha apprised the bench that NAB was delivering under the rules that connected with the due process of law while proceeding against all named after the apex court verdict in RPPs case, however, he added that the Interior Ministry was requested to put names of all those involved in the RPP case on ECL. The chief justice said “We are not asking anybody to go beyond the law – if there is a corrupt practice, the Supreme Court has constitutional power to intervene in the matter – after hearing everybody the apex court has given its judgment in the RPPs case – its time to recover the plundered money.”
Agha further informed the bench that the State Bank of Pakistan was also approached to freeze the accounts of all concerned individuals and companies having connection with the rescinded RPPs.
“The court has almost done the investigation of the case and now it’s the primary responsibility of NAB to implement court verdict so that the looted wealth of the nation could be recovered. Not a single arrest has been made so far, how will it be possible to reimburse national wealth,” the chief justice observed.
Justice Khilji Arif Hussain maintained, “Public money has been misappropriated in RPP contracts so NAB is supposed to implement the verdict of the apex court.”
The chief justice noted that the bench was not satisfied with the progress of NAB in the matter so far.
“We are giving you seven days to implement the judgment from A to Z, so you should arrest the persons involved in the case and submit their challans in a court,” the CJ maintained.
He questioned that authority of NAB chairman who sought approval of the apex court for asking the federal government to formulate a new policy by following flawless and transparent procedure under which the existing RPPs could be utilized for full production. Later, the bench directed NAB to accelerate its action towards implementation of the verdict of the apex court in letter and spirit.

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