The Supreme Court on Monday ordered the relevant competent authority to examine the possibility of proceeding further against persons or agencies who had allowed the execution of works/schemes contrary to the PEPRA rules, proper feasibility or without following a transparent manner.
A three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Jawwad S Khawaja and Justice Sheikh Azmat Saeed issued a short order which it had earlier reserved in a case pertaining to the distribution of development funds by former prime minister Raja Pervaiz Ashraf.
The court ordered that if such development schemes were found to be in accordance with the conditions and observations made by the court, the payments to the contractors may be released to the extent of the work already completed. As far as the leftover work is concerned, it should be examined as to whether the same is in the public interest and is feasible to continue execution of the schemes, the bench added. If such schemes were found not to be in the public interest or feasible, the same shall be abandoned, the short order said.
Earlier while hearing the case, CJP Chaudhry said that the prime minister was not a monarch who had the liberty to spend whatever he willed and whenever he wanted.
The CJP remarked, “A husband and wife, both retired government employees, died of cancer but no help was extended to them. On the other hand, billions of rupees were spent on unnecessary schemes. Avenues of corruption came to light due to court’s interference. Not only illegal orders like this were issued but the institutions showed their loyalty by implementing them. Threats were hurled at the AGPR office to bring it under their ambit. Telephone calls were made and the amount was approved by sending representatives.”
Justice Jawad S Khawaja said, “No project in Balochistan is transparent. The construction of the roads whose contracts were awarded after getting money has not been completed.”
Khawaja Haris, counsel for Balochistan government, argued the discretionary powers of the former PM were not in consonance with the constitution.
The CJP remarked, “On one side the people are committing suicides and on the other hand money is being released through illegal ways. Why no amount was allocated for emergency expenses in the budget. Expenses are protected through supplementary budgets. Doling out money to please favorites cannot be allowed. The benefits of national coffers should trickle down to the common man, but its is not the case. The former PM doled out money apparently at his will. The PM is not a monarch, he is an elected representative.”
Khawaja Haris said elected representatives were the best people to identify development projects. The administrative departments implemented them after the proposals were received, he added.
The chief justice asked, “What is the justification of identification of projects by non-elected people?”
“Who are these people who reach the office of PM and get funds allocated? The opponents cannot even reach the office of a deputy commissioner.”
The CJP said, “How does the AGPR approve against the rules expenses. The court had to stop the illegal use of funds in this case. This was the job of AGPR, not ours. The AGPR does not budge if the matter of releasing funds for common man comes. One pensioner and his wife died of cancer and funds were not released and in this case billion of rupees were released.”
Khawaja Haris said it seemed all this was done to influence the polls.
SC orders action against officials for violating rules
