Non-payment : For senators, privilege is more important than rules

Committee members pressure CDA to release funds for senator’s construction firm

ISLAMABAD:

A parliamentary panel meant to ensure transparency and rule of law by holding the government accountable in issues of public interest, recently used its authority to secure undue favour for a senator by pressuring the capital’s civic agency.

The lawmakers not only asked the civic agency to release funds for a senator’s construction firm for work that is yet to be done, but also threatened it of action in case of non-compliance under the garb of ‘breach of privilege of an honourable legislator’.



On November 19, Senate Standing Committee on Cabinet Secretariat discussed issues related to the Capital Development Authority (CDA).

Ignoring the agenda of the meeting, the senators discussed an issue under the broader theme of ‘discussion on any other item with the permission of the chair’.

The issue was a delay in release of funds to a construction firm owned by PPP Senator Mir Muhammad Yousaf Badini.

In 2012, a Rs588 million contract for a nine-kilometre long Margalla Highway from GT Road to Sector D-12 was given to his firm, Rakhshani Builders, after it filed a bidding rates that were 21 per cent below the National Highway Authority rates.

Since then, the firm has been able to complete 53 per cent of the work, citing various reasons for the delay.

The firm also did not submit a mandatory bank guarantee to CDA while signing the project which has been pointed out in a recently released AGP report on CDA’s accounts.

Owing to the slow-pace of work and non-submission of guarantees, CDA stopped further payments to the firm.

After exhausting all forums, the issue was taken up by the said committee, of which Badini himself is a member.

During committee proceedings, the panel’s chairperson Senator Kalsoom Perveen said, “It’s [non-release of funds to the firm] tantamount to disgrace of the parliament,” adding that “A question of parliament’s supremacy has arisen, as the CDA is reluctant to release the payment despite the committee’s orders.” She further said that “Parliament’s defamation will not be tolerated.”

Sitting next to Kalsoom, another committee member, Senator Saeeda Iqbal of the PPP threatened, “I have already written the draft of a privilege motion. It will be moved in the Senate if the funds are not released.”

When contacted, Badini said his firm was not responsible for the delay. It is the CDA which does not have possession of land, as well as adequate funds for the purpose. He said the firm won the contract after filing the lowest bid.

When asked if it was ethical to use a Senate forum to clear outstanding payments for his private firm, Badini said, “It was not me that raised the issue. Instead I asked the CDA if they think the firm did not act in accordance with the agreement then action should be taken against it. If not, then they should release the payment.”

Perveen told The Express Tribune everyone was aware of CDA’s tactics and if the forum could not win justice for its own member, how could it do the same for the general public.

She further said Badini was not in favour of taking up it through the committee but she did it as ‘it was a matter of dignity of the honourable legislator’.

Published in The Express Tribune, November 24^th, 2014.