THURSDAY OCTOBER 27: Investigation into Rental Power Projects: Supreme Court sets up Commission

ISLAMABAD: The Supreme Court (SC) on Wednesday formed a commission to investigate alleged corruption and determine the reasons behind the delay in the installation of Rental Power Projects (RPPs). Syed Faisal Saleh Hayat, who is also Federal Minister for Housing and Works, appeared before the court in the case, who pleaded that massive embezzlement took place in RPPs.
Justice Rehmat Hussain Jafri, who retired recently, has been appointed head of the Commission, may hire services of experts and present its report to the court in four weeks. The court also directed Federal Law Ministry, Ministry of Water and Power and Ministry of Finance to cooperate with the Commission.
A two-member bench of Chief Justice Iftikhar Muhammad Chaudhry and Justice Khilji Arif Hussain has been hearing a constitutional petition titled Khawaja Muhammad Asif versus Federation of Pakistan etc. Petitioner Khawaja Asif, Federal Minister for Housing Syed Faisal Saleh Hayat, Pepco counsel Khawaja Tariq Rahim, RPPs lawyer Shahid Hamid and Deputy Attorney General Shoaib Shaheen appeared before the bench.
Khawaja Asif apprised the bench that national kitty was facing a substantial loss of Rs 68 billion as government failed to install RPPs in Nandipur and Chicho Ki Malian, adding that the present government had shown negligence in implementing the RPPs. Had the RPPs been installed on time, consumers would have been getting electricity on much cheaper rates than offered IPPs, he claimed. Deputy Attorney General presented a report related to RPPs, arguing that the government had fulfilled its responsibility.
After reviewing the report, the CJP observed that a file containing directions for actions took five months to get to the secretary's office from the minister's office and nobody was taking measures to tackle the situation, which resulted in substantial loss to the national exchequer. He further said that the nation was paying opportunity cost of differences between bureaucrats.
The Chief Justice warned that after having opinion of an expert on the issue, the matter could be referred to National Accountability Bureau (NAB). On which petitioner Khawaja Asif pointed out that NAB chairman's appointment had been challenged in SC.
The CJP noted that inquiry orders against any officer issued by the apex court were being turned down, adding that the court would not remain silent. RPPs' counsel Shahid Hamid objected to the presence of Hayat in the court, saying that the minister should appear before the bench after resigning from his office similar to what Dr Babar Awan did in ZAB reference case.
Khawaja Tariq Rahim also objected that being a member of the Federal Cabinet Hayat is supposed to have obtained permission from Prime Minister to appear before the bench. The Chief Justice observed that minister Syed Faisal Saleh Hayat must be fully aware of the consequences of his presence in the court, adding that he filed a petition in RPPs case and was appearing before the bench in his personal capacity.
Therefore, the court should not be involved in the matter. The CJP also made it clear that everybody is equal before the law and constitution. The minister sought more time from the bench to prepare his arguments regarding the case. The bench adjourned the hearing till Thursday (today).