Release of funds: Court restrains action on Muqam family firm

PESHAWAR: The Peshawar High Court (PHC) on Monday restrained the Khyber-Pakhtunkhwa (K-P) government from taking action against a construction company owned by the son and wife of the PML-N leader Amir Muqam and sought replies from the Communication and Works Department’s (C&WD) secretary.

The restraining order was issued by a single-judge bench headed by Justice Syed Afsar Shah after the petitioner prayed release of withheld funds and stay action against his company.

When the hearing commenced on the petition, Muqam’s counsel Tariq Afridi argued that the petitioner was awarded tender for construction and black-topping of 35-kilometre Manglawar to Malamjaba road comprising three packages with a cost of Rs200 million.



The counsel said the road was supposed to be completed within 24 months starting from August 2015 till August 2017, and the petitioner moved heavy machinery for the execution of work along with technical staff and labour and the work was executed. “The petitioner submitted interim payment certificate amounting to Rs203 million to the supervisory consultant for the release of amount which was not released despite repeated requests,” he said.

Afridi argued that the petitioner had completed work worth Rs30.16 million so far but the contractor was forced to halt the work due to non-payment of the remaining amount Rs199.58 million.

He said the Communication and Works Department, on order of the provincial government, directed the petitioner to resume work as it was decided that the  contracted amount would be released.

“However, mala fide of the provincial government was evident that instead of releasing Rs200 million, only 109 million was released to ruin the petitioner financially,” he said.



Afridi contended that the respondents including secretary, engineer and other authorities of C&WD should not obey the illegal order of the provincial government to delay or withhold the due amount payable to the petitioner.

He said as Amir Muqam is a PML-N leader and the PM’s adviser and that is why respondents on the illegal order of the PTI led K-P government wanted to financially ruin him and that he also feared blacklisting of the company. He told the bench that the petitioner has taken a loan for execution of the work.

He contended that the petitioner could not be deprived of the legitimate amount and prayed that the bench order the provincial government for release of the amount withheld and restrained the authorities from taking adverse action against the company.

Later, the PHC bench put the respondents on notice and adjourned the case till January 11.

Published in The Express Tribune, January 3^rd, 2017.