ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry questioned the credibility of the democratic government in curbing corruption with special reference to rental power projects (RPPs) in the face of crippling power shortages and external debt.
He was hearing a suo motu case coupled with two identical petitions on irregularities in the award of contracts to rental power companies on Thursday. “People would like to know how the contracts were awarded to rental power companies without floating tenders and advertisements,” said the CJ.
Pakistan foreign debt has reached up to $67 billion. Counsel for Wapda and Pepco Tariq Rahim said the previous regime was responsible for misallocations. “The government failed to design a policy to deal with the electricity crisis,” the CJ remarked. “If there was a comprehensive power policy, it should have been presented before the court.”
Rahim contended that the petitioners had highlighted Rs50 billion embezzlement in the auditor general’s report which was false. Total mobilisation advance paid to rental power companies was Rs18 billion. Prominent lawyers have been defending rental power companies, but in some cases there is tangible evidence that they reneged on their agreements.
The chief justice said petitioners objected to corruption in RPPs. He asked whether parliament or the Public Accounts Committee (PAC) had approved RPPs. “The apex court has the jurisdiction to make a decision in case of violation of rules. Lawyers marched on November 3 2007, for the supremacy of the constitution, it would be sad if history is repeated after four years,” the CJ remarked.
According to figures, independent power producers (IPPs) have the capacity to produce 4891 megawatts (MWs) of electricity, but they are only producing 2319 MWs, because of shortage of fuel, Rahim said. Replying to a question, he answered the government lacked the funds to provide fuel. Justice Khilji asked why no effort was made to check power theft.
The contracts of rental power companies which failed to produce electricity within the stipulated period should be cancelled, the CJ said. “Not a single company provided a commercial operational date and yet the government is relying on them.” He said they would not be pardoned for failing to produce electricity. Wapda’s counsel suggested that the companies may be fined.
He said RPPs were debated in parliament for five days but no parliamentarian was present. “The PAC headed by Khawaja Asif and Chaudhry Nisar Ali Khan was briefed but they did not raise any objection and now they are misguiding the court by providing wrong figures.”
The CJ remarked there would have been no need for RPPs had the IPPs’ performance been improved. “Billions of rupees were invested in rental power projects but they produce less than 100 MWs.” He asked the counsel if the cabinet had the power to infringe PEPRA rules, to which the counsel replied in the negative. The court adjourned the case till Friday (today).
Chairman for special committee elected
In an effort to address the national power crisis, the national assembly unanimously elected Usman Tarakai as chairman of the special committee mandated to examine the reasons behind the magnitude of the power shortage and make recommendations for improvement, according to an official statement.
(ADDITIONAL REPORTING BY OUR CORRESPONDENT IN ISLAMABAD)
Published in The Express Tribune, November 4th, 2011.
COMMENTS (16)
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@Amjad: Pakistan’s debt has to be compared to its GDP as also the European nations like Greece, Spain, Italy and Ireland.
What is equally important to note is that the current government's ill-advised policies have resulted in doubling of the national debt under their watch.
@ John B, Please go ahead and read 184, 185 and 186 again. Kindly also read Article 185.d so as to understand why CJ provided the comments during the hearing of RPP. IPP corruption is in billions and is in direct violation of fundamental rights/interest of Pakistan and it's people.
Although I am not fan of dictatorship but in this 3+ years, Pakistan's enconomical power houses like PIA, steel Mill, OGDC, NICL, PEPCO, Wapda, KESE, Pakistan Railway and etc have been gradually broken down economically. Do you like to sit quite and see a country broken down into pieces or you would like to have a prosperous country? Pakistanis a dying every day and digging the grave to bury their loved ones whereas the politicians are busy in creating empire outside Pakistan.
Who ever has been responsible for apparant corrupt practices in RPP should be punished. Citizens want punishment and recovery of stolen money---they want both
@Amjad:
Does it mean that Pakistan should keep piling up unnecessary debt where majority of funds are lost in corruption and let the people of this poor country suffer.
@John B: You are living in an utopian world. However, the ground realty is different....................
You talk about the parliament whose 45% representation has been elected on bogus votes?
@John B Dear John, Please file a petition in court, that CJ is not supposed to do what you supposedly thing is wrong. If CJ is doing something good, why cant you guys digest it. Go to the court man. Please
CJ doing great job
@Syed: PAK constitution, part VII, chapter 2, Articles 184, 185, and 186. All powers of jurisdiction not enumerated in the constitution belongs to the people(parliament).
The jurisdiction of supreme court is clearly defined. Opinion on the law, adjudication of justice, adjudication between provinces and serve as Advisor to the president only when asked.
These jurisdictions are not unique to PAK constitution.
Courts are not policy making bodies and they are certainly not provided with authority of financial oversight, and of borrowing powers. These powers rest with the parliament and parliament alone. Parliament can waste money, spend wisely, go to war, and party all they want.
The job of SC is to act as Guardian of constitution, given to her by the parliament, until parliament revokes that right.
@John B, Can you provide the source of article within the Pakistan's constitution to support your comment?
The keyword here is "corrupt practices." The Supreme Court is well within its right to hear and comment on cases against alleged government corruption and lobbying.
Only in pakistan you will find, military doing parliments role, justice doing parliments role and parliament doing the role of justice. great. never stop to amaze me.
CJ has no jurisdiction or constitutional authority to question or comment on government policies, wasteful spending, or idiotic mismanagement. It is the duty of the parliament not the judiciary.
Pakistan's debt is nothing compared to the irresponsible debts of many European nations like Greece, Spain, Italy and Ireland.