The Pakistan Power Resources (PPR) on Wednesday filed a petition seeking a review of the Supreme Court judgment in the rental power plants (RPPs) case that declared all projects illegal and non-transparent last month.
PPR requested the court to suspend its judgment until the disposal of the review petition to the extent of its (PPR) applicant and direct National Accountability (NAB) to maintain status quo in the matter.
The petitioner pointed out that no advance payment was made or received by it for the Piranghaib Multan project and sought suspension of the operation of the judgment to this extent.
The petitioner sought court orders to the concerned authorities, particularly the NAB and its officials, to restrain them from taking any action including coercive measure against the PPR until correction of the error in the main judgment of the RPPs case.
A two-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry had declared in the judgment that Pakistan Power Resources (PPR) (Piranghaib, Multan) did not generate electricity at all, although a down payment of $14.58 million was made to it, “which has not been returned”.
The review petition was filed through Advocate-on-Record MS Khattak with a plea that it was a mistake and error apparent on the face of the record that Piranghaib Multan plant was made payment of $14.58 million.
PPR pleaded that no advance payment whatsoever was made to or received by it for its Multan project. Besides, it said that counsel for PEPCO, NPGCL and NEPRA had confirmed the fact to the apex court through verbal and written submission in pursuance of the court orders to file a report on the progress of the projects. Besides, it was categorically stated by the NPGCL through its letter on April, 4, 2012 that no advance payment was made to the PPR (the applicant), the petitioner stated.
The petitioner submitted that following the judgment of the apex court in the RPPs case, NAB authorities had called the chief executive of the PPR by saying that they were bound to obey the SC order to recover $14.58 million from the petitioner until or unless the Supreme Court corrected its order in the matter.
“The review has been filed against rigorous timelines in view of the coercive action of NAB to recover the so-called advance of $14.58 million in the Multan Project which was never received by the applicant – the applicant will seek the indulgence of the apex court to file supplementary grounds of review within the statutory period of limitation,” the petitioner maintained.
The PPR prayed for interim relief, saying that if the remedy was not granted the applicant would suffer irreparable loss. The petitioner further prayed for suspension of the operation of the judgment to the extent of the PPR by issuing order to all the concerned authorities, particularly the NAB, to avoid taking any action including coercive measure against the PPR until correction of the error in the main judgment of the case.
