Explosive product licences issued without cabinet's nod

Petitioner asks petroleum secretary to take action against irregularities

ISLAMABAD:

A controversy has emerged surrounding the ex-director general of explosives and former Petroleum Division secretaries over the misuse of authority, who issued orders bypassing the federal cabinet in appeal cases related to energy companies.

Documents available with The Express Tribune show that former DG explosives processed eight cases by seeking approval of the petroleum secretaries, but did not ask for the cabinet's nod.

The director of the Explosives Department had written a letter on January 21, 2021, to the Petroleum Division on behalf of DG Explosives, saying that the cabinet was the only competent authority that could approve the grant of explosive product licences. However, soon after, the DG started issuing licences with the approval of the petroleum secretaries till 2023 without seeking endorsement of the cabinet.

Interestingly, in 2024, the Petroleum Division asked for approval of the cabinet in such cases. During this period, several approvals were sought from the cabinet to deal with explosive product cases.

Afterwards, an employee of the Explosives Department submitted a petition to the petroleum secretary with documentary evidence, urging him to take action against those irregularities. According to the documents submitted by the petitioner, former DG explosives Wali Khan and petroleum secretaries passed illegal orders without getting the go-ahead from the federal cabinet.

In the letter written to the Petroleum Division in January 2021, the director of the Explosives Department, on behalf of DG explosives submitted that the addition of ancillary facilities like a food outlet to fuel retail outlets was not defined under Rule 98(A) of the Petroleum Rules, 1937. However, in the past, some relaxation for fast food facilities had been issued with special permission from the industries and production secretary under Rule 165 of the Petroleum Rules.

Later on, after the decision of the Supreme Court in the Mustafa Impex case, the federal government is defined as the prime minister and his cabinet and as per Rule 165 of the Petroleum Rules, the central government may on recommendation of the chief inspector of explosives (currently DG explosives), by order, exempt any person from all or any provision of the Petroleum Rules.

In view of the above explanation, the request of Attock Petroleum for the addition of a food facility to the petrol pump premises, as a special case, may be forwarded for necessary approval from the federal cabinet, as per Rule 165, keeping in view Rule 98(A) of Schedule-IV of the Petroleum Rules, 1937, he told the Petroleum Division.

However, later, the petroleum secretary started giving approval and DG explosives processed eight cases. There were several other cases that were processed with the approval of the petroleum secretary.

"Eight illegal without lawful authority orders have been passed by secretary Ministry of Energy (Petroleum Division) in connection with eight appeal cases referred to him under Rule 122(1) and Rule 165 of the Petroleum Rules 1973 against action taken by director general of explosives Abdul Wali Khan under Rule 121 of the Petroleum Rules," the petitioner said, adding that it was intentionally recommended that the appellate authority was the secretary of the Ministry of Energy (Petroleum Division) instead of the federal cabinet.

Requests were sent for comments from the Petroleum Division and DG explosives, but no response was received till the filing of the report.