SHC reserves order on renovation project plea
Petitioner claims Benazir mausoleum funds misappropriated by officials
Petitioner claims Benazir mausoleum funds misappropriated by officials. PHOTO: EXPRESS
KARACHI:
The Sindh High Court (SHC) reserved on Thursday its verdict on a contractor’s petition against the alleged misappropriation of funds meant for the renovation of the mausoleum of Pakistan Peoples Party’s late chairperson, Benazir Bhutto, in Garhi Khuda Bux, Larkana.
Chief Justice Sajjad Ali Shah, who heard the matter while heading a two-judge bench, reserved the order after hearing arguments from the lawyers representing the provincial government and a private contractor hired for the renovation works.
The petition was filed by Muhammad Rakhial Shah, who had taken the provincial chief secretary, works and services department secretary and authorities of Larkana district to the court over the alleged non-payment of Rs8 million for the renovation works.
The petitioner told the judges that the works and services department secretary had given him a contract to carry out renovation work at the mausoleum. He claimed that the renovation work was duly carried out and completed to the satisfaction of the authorities concerned at two sites - mausoleum of Benazir and another place in Kashmore district. He alleged that despite the tasks having been duly completed within the stipulated time, the government had not paid the amount.
According to the petitioner, the government still owes him Rs8 million for the work at the mausoleum in Larkana district and Rs443,000 for work in Kashmore district. He alleged that the funds meant for the renovation project had been misappropriated by the officials and he was made to run from pillar to post for payment. In the petition, the court was pleaded to order the chief secretary, the works and services department secretary and others to clear all the dues of the petitioner at the earliest.
During the proceedings on Thursday, the chief engineer of the works and services department, Larkana, appeared with the additional advocate-general, Barrister Ghulam Mustafa Mahesar. The chief engineer admitted before the court that the petitioner had carried out renovation works as mentioned in the petition. He said the government had appointed an inquiry committee, headed by the works and services department secretary, on the court’s directives to probe into the allegations contained in the petition.
The officer maintained that the inquiry body, which comprised Sukkur region chief engineer, superintending engineer and Larkana executive engineer, had visited the sites and checked the official record on payment of the dues lying outstanding.
Barrister Mahesar contended that the provincial government had paid the dues to the petitioner but owes only Rs443,000 as per the official records. The government is willing to make the remaining payment, he assured. The law officer pleaded the court to dismiss the petition, arguing that matters involving disputed facts cannot be decided by the court in its constitutional jurisdictions under Article 199. He added that the petitioner can avail remedy by invoking original jurisdictions of the court by filing a lawsuit to claim damages, if any, from the government.
On the other hand, advocate Ibadul Hasnain, who represented the petitioner, disputed the law officer’s submissions. He insisted that the authorities still owe Rs8 million to the petitioner and pleaded the court to order the authorities to clear all outstanding dues. After hearing arguments from both the sides, the bench reserved its order to be announced later.
Published in The Express Tribune, September 23rd, 2016.
The Sindh High Court (SHC) reserved on Thursday its verdict on a contractor’s petition against the alleged misappropriation of funds meant for the renovation of the mausoleum of Pakistan Peoples Party’s late chairperson, Benazir Bhutto, in Garhi Khuda Bux, Larkana.
Chief Justice Sajjad Ali Shah, who heard the matter while heading a two-judge bench, reserved the order after hearing arguments from the lawyers representing the provincial government and a private contractor hired for the renovation works.
The petition was filed by Muhammad Rakhial Shah, who had taken the provincial chief secretary, works and services department secretary and authorities of Larkana district to the court over the alleged non-payment of Rs8 million for the renovation works.
The petitioner told the judges that the works and services department secretary had given him a contract to carry out renovation work at the mausoleum. He claimed that the renovation work was duly carried out and completed to the satisfaction of the authorities concerned at two sites - mausoleum of Benazir and another place in Kashmore district. He alleged that despite the tasks having been duly completed within the stipulated time, the government had not paid the amount.
According to the petitioner, the government still owes him Rs8 million for the work at the mausoleum in Larkana district and Rs443,000 for work in Kashmore district. He alleged that the funds meant for the renovation project had been misappropriated by the officials and he was made to run from pillar to post for payment. In the petition, the court was pleaded to order the chief secretary, the works and services department secretary and others to clear all the dues of the petitioner at the earliest.
During the proceedings on Thursday, the chief engineer of the works and services department, Larkana, appeared with the additional advocate-general, Barrister Ghulam Mustafa Mahesar. The chief engineer admitted before the court that the petitioner had carried out renovation works as mentioned in the petition. He said the government had appointed an inquiry committee, headed by the works and services department secretary, on the court’s directives to probe into the allegations contained in the petition.
The officer maintained that the inquiry body, which comprised Sukkur region chief engineer, superintending engineer and Larkana executive engineer, had visited the sites and checked the official record on payment of the dues lying outstanding.
Barrister Mahesar contended that the provincial government had paid the dues to the petitioner but owes only Rs443,000 as per the official records. The government is willing to make the remaining payment, he assured. The law officer pleaded the court to dismiss the petition, arguing that matters involving disputed facts cannot be decided by the court in its constitutional jurisdictions under Article 199. He added that the petitioner can avail remedy by invoking original jurisdictions of the court by filing a lawsuit to claim damages, if any, from the government.
On the other hand, advocate Ibadul Hasnain, who represented the petitioner, disputed the law officer’s submissions. He insisted that the authorities still owe Rs8 million to the petitioner and pleaded the court to order the authorities to clear all outstanding dues. After hearing arguments from both the sides, the bench reserved its order to be announced later.
Published in The Express Tribune, September 23rd, 2016.