Challenging decision/order in court: PAC seeks legal opinion from Law Ministry

Public Accounts Committee (PAC) of the National Assembly on Tuesday sought legal opinion from Ministry of Law and Justice over challenging the decisions of parliamentary body or Auditor General Office in the court of law. Auditor General Office drew the attention of the committee towards the petitions filed on the audit objections and directives of PAC and sought their opinion.
In pursuance of cases against directives of PAC and audit objections, many petitions were filed against them but they were clueless about the constitutional position, either case could be filed against them or not, the official said. Majority of the PAC members insisted that decisions taken in parliament could not be challenged in any court of law, however, Naveed Qamar sought the opinion of Ministry of Law and Justice on the subject.
The meeting of PAC was held here with Syed Khurshid Shah in the chair. The PAC examined audit report of Cabinet Division for year 2011-12. The committee showed its dismay over week internal control of Capital Development Authority (CDA) over its revenue and expenditure. Buland Akhtar Rana, Auditor General of Pakistan (AGP), had to offer his services to CDA management to run the affairs of the civic authority. The AGP suggested the committee that the auditor general office decided to set up a pre-audit system in CDA to supervise the on-going gross corruption and mismanagement which the PAC observed in audit paras. The PAC fully endorsed the suggestion of the AGP. The PAC also sought detail of success story of legal firms hired by CDA to contest its cases in the court of law.
The CDA management failed to satisfy the queries of its members on non recovery of land and annual ground rent of Rs 1.8 billion from private company which is running the alleged illegal 'Gun Club' on 72 acres of CDA land.
CDA Chairman Maroof Afzal informed the committee that matter was in Supreme Court of Pakistan. "We tried to bring the illegal occupation of CDA land under some regulation through CDA Board in 2011 to make recovery, however, Supreme Court of Pakistan objected and barred the board to take any decision in favour of the party," the chairman added.
He further explained that Gun Club was established in 2000 for gun competition for the participants of 'SAF Game'. Later, it was handed over to Pak Army which finally handed it over to a private party. He admitted that the land was owned by CDA but Ministry of Sports was supposed to be managing authority. Chairman CDA did not know who was running the affairs of the lucrative club.
A representative of Ministry of Law and Justice said that Pakistan Muslim League-Nawaz MNA Danial Aziz was organiser of the club. After 18th amendment, Capital Administration and Development Division (CADD) wanted its ownership. The committee asked additional secretary Cabinet Division to inform it about the management of the club on Wednesday.
PAC sent the case of non-recovery of mobilisation advance of Rs 123.192 million from a contractor, who was awarded contract of 'construction of cultural complex at Shakarparian' and it was able to complete only 28 percent work in the given time period. Audit observed that recovery of Rs 42 million only was made up to 10th interim payment certificate instead of Rs 110 million due as per schedule. The validity of the bank guarantee also expired and the authority could not en-cash it. The contractor fraudulently managed to get the bank guarantee released from the bank despite the fact that original papers of guarantee were in possession of CDA. The release of bank guarantee and non-recovery of mobilisation advance caused a loss of Rs 123 million to the exchequer.
Another case referred to NAB regarding less recovery of Rs 1.5 billion due to unauthorised relaxation of payment schedule was undertaken by the committee. Audit observed that CDA allotted 13.45 acres for construction of five star hotel 'Grand Hayyat' in Islamabad in June 2005. The cost of the plot was Rs 4.8 billion and a down payment of Rs 732 million was made by the purchaser. The balance 85 percent of the value was payable in 15 equal yearly instalments of Rs 276 million each in accordance with payment schedule with mark-up based on six months. The audit observed that CDA board revised un-authorised payment schedule through post bid change, the management extended a favour to the allottees.
The matter was referred to NAB which almost completed its inquiry report and shortly a reference will be filed in the court, the NAB official informed the committee. The committee also sent the case of tampering pre-qualification documents to FIA for investigation. Audit report revealed that project director road division CDA evaluated the pre-qualification documents submitted by a firm M/s Muhammad Ayub & Brothers and awarded the firm 56.95 marks against the minimum requirement of 65 marks for pre-qualification in the work-addition of 3 and 4 lanes to Kashmir Highway. The marks were subsequently increased to 67 percent by tampering, overwriting. Once this firm stood qualified through manipulation, it was awarded a work valuing Rs 1.6 billion.