SC sets aside PHC order in BRT case

In a major relief to the ruling Pakistan Tehreek-e-Insaf, the Supreme Court has set aside a two-year-old Peshawar High Court (PHC) ruling that directed the National Accountability Bureau (NAB) to probe into alleged corruption in the Peshawar Bus Rapid Transit (BRT) project.

A three-judge bench, led by Justice Umar Ata Bandial, issued the order on Tuesday while hearing petitions against two different PHC verdicts containing directives respectively for NAB and the Federal Investigation Agency (FIA).

On July 7, 2018, the PHC noted that the BRT project was based on “shifty and shaky” foundations; was overpriced and lacked necessary approvals. The PHC had held that the project entailed exorbitant costs.

“The project was unnecessary and the public money ought to have been spent on other more necessary projects rather than on the BRT,” the high court had said, directing NAB to probe into alleged corruption in the project that is a bus rapid transit system in Khyber Pakhtunkhwa’s (K-P) capital Peshawar.

The PTI had later moved the SC against the order which on August 31, 2018 suspended the PHC verdict granted leave to appeal in this matter.

During the hearing on Tuesday, Makhdoom Ali Khan appeared on behalf of the K-P government and submitted that the PHC decision suffered from a series of legal defects.

He said earlier a PHC bench, headed by Justice Yahya Afridi, had dismissed a petition challenging the project. No appeal was filed by anyone against that judgment.

Later, another division bench reopened the same case without anyone having filed a review petition against the earlier order or having called it into question under any legal provision.

“This was done on a report submitted by the Traffic Police on the rerouting of traffic in Peshawar due to the BRT. The PHC on the basis of this report ordered NAB to investigate the project,” he said.

According to the counsel, there was no evidence or other legal basis for this direction of the PHC. In any event, such a direction could not have been given in a petition which had already been decided in favour of the K-P government and in which decision had remained unchallenged.

The Supreme Court bench accepted the appeal and set aside July 2018 judgment. It also quashed the direction for NAB to investigate the project.

Regarding the PHC’s November 2019 verdict directing the FIA to conduct an inquiry into the project within 45 days, the bench directed the Peshawar Development Authority to file a concise statement and adjourned the case for one month.

Interestingly, one year ago, the apex court also stopped FIA to conduct the inquiry.

A senior official revealed that SC while setting aside the July17, 2018 verdict declared that no reasons were given in the PHC order and after disposal of the earlier writ the high court had become “functus officio” having no jurisdiction to make any further order in a decided matter.

Detailed judgment is yet to be issued.