Armoured personnel carriers: Doubts cast over legality of Serbian APCs deal

Deputy attorney general tells SC that IG police cannot sign such an agreement

ISLAMABAD:

Appearing on the apex court’s notice, the deputy attorney general (DAG) has raised doubt over the legality of agreement regarding the purchase of armoured personnel carriers (APC) by Sindh police from Serbia instead of the Heavy Mechanical Complex (HMC), Taxila.

DAG Khawaja Ahmad Hussain told the three-judge bench of the Supreme Court (SC), headed by Justice Jawwad S Khawaja, that IG police cannot sign such agreement because IG office is not an independent entity.

Sindh police has entered into an agreement with Yugoimport SDPR, Serbian state-run company, for the purchase of 20 Lazar II armoured fighting vehicles of B-7 category that will cost Rs1.23 billion.

Farooq Naek, counsel for Sindh government, however, stated that payment has not been made yet.  He contended that the agreement was done with the approval of the chief minister while the finance department had allocated the amount.

The SC on March 4 sought legal assistance from Attorney General for Pakistan over the purchase of APC by Sindh police from Serbia instead of the HMC, Taxila.

The bench is taking up application filed by Mehmood Akhtar Naqvi regarding purchase of APC vehicles by Sindh police at a colossal amount.

The DAG further stated that though the agreement was signed with the approval of chief minister Sindh, its status is not legal because under section 24(4) Sindh Rules 1996, governor signs such type of agreements after taking legal opinion from the law ministry.

Upon this, the bench pointed out that nothing is mentioned about the Sindh governor in this agreement. It also made clear that if the agreement is illegal then it has no legal status.

The court also observed that no advertisement was given regarding the purchase of APC by the Sindh police, adding that rules are very clear that the police cannot enter into agreement regarding the purchase of APCs worth Rs1.23 billion because it (police) works under the interior ministry.

Earlier, unpleasant scene was witnessed before the court’s proceedings, when harsh words were exchanged between Irfan Qadir, counsel for Sindh police, and the bench members.

The bench also observed in its order that Qadir has shouted over the bench, therefore, it has told him that they will not hear him, the police counsel also stated that he would also not appear before the bench. The hearing of the case is adjourned on Thursday (today).

Published in The Express Tribune, March 12^th, 2015.