The PML-N-led coalition government has withdrawn the nomination of former Supreme Court judge Sheikh Azmat Saeed as an arbitrator for the settlement of a dispute involving Rs52 billion with 12 independent power producers (IPPs) set up under the 2002 policy, replacing him with Maqbool Baqar, another ex-SC judge, who retired on April 4.
Justice (retd) Azmat was part of the bench which disqualified former premier Nawaz Sharif for life.
PML-N supporters also accuse him of forming the joint investigation team (JIT) on WhatsApp in the Panama case.
Justice (retd) Azmat was heading the bench, which disqualified former PML-N lawmaker Danial Aziz in a contempt case.
The PTI-led government had recently appointed him the head of the inquiry commission in the Broadsheet case. He was also heading the commission on regularisation of housing societies in Punjab.
A notification issued by the law ministry read "The matter has been discussed at great length and in view of the nature of work, amount of labour involved and the area of expertise, Justice (retd) Maqbool Baqar, a recently retired judge of the Supreme Court of Pakistan, is nominated as an arbitrator on behalf of the government of Pakistan.”
Similarly, the government has engaged a law firm -- AJURIS -- to represent it in the arbitration proceedings.
Surprisingly, the ministry did not nominate any law officer to assist in the matter.
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The ministry stated that there was no need to appoint an additional attorney general as the firm had adequate expertise in handling arbitration cases.
Earlier, the new government was considering the name of Baqar for the slot of the National Accountability Bureau (NAB) chairman. However, his name was dropped on account of pressure exerted by 'powerful circles'. Even the Supreme Court Bar Association (SCBA) had expressed its disappointment over the exclusion of his name on account of ‘pressure’.
It has been learnt that the IPPs have nominated ex-SC judge Khalil-ur-Rehman Ramday as an arbitrator in the matter.
Both Ramday and Baqar will nominate the third arbitrator. The appointment of the third arbitrator will be significant in the issue.
The tribunal of arbitrators will have to give an award within six months over alleged excess payments with 12 IPPs set up under the Policy for Power Generation 2002.
The tribunal would complete its work within five months and issue an award within 30 days after completing the hearing.
It has already been reported that in September 2020, the Cabinet Committee on Energy (CCoE) had formed an implementation committee led by the energy minister to effectuate into formal agreements the revisions in various terms and conditions in connection with the IPPs.
With specific issues of alleged excess profitability, excess saving and illegal gains of certain IPPs operating under the 2002 policy, it was agreed by both parties that the matter be referred to a settlement by way of arbitration. This was pursuant to the Arbitration Submission Agreement (ASA).
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