SC grants stay against impugned PHC judgment on BRT

The Supreme Court has granted stay against the Peshawar High Court (PHC) impugned judgment dated 14-11-2019 on Rapid Bus Project (BRT).

A three-judge bench, headed by Justice Umar Ata Bandial, heard the appeal of Khyber Pakhtunkhwa government. A bench of the High Court, headed by Chief Justice Waqar Ahmad Seth, in November last year had directed the Federal Investigation Agency (FIA) authorities to probe the 35 BRT points. The FIA was also asked to look into various points including total cost of 27.37 kilometres road project.

The apex court bench on Monday stopped FIA from carrying out investigation against the BRT project. It sought the details of the estimated cost of the project, asking what its initial cost and date for completion were, and now when it would be completed.

The KPK chief secretary, secretary Local Government & Rural Development and secretary Transport Department in December 2019, had jointly filed an appeal under Article 185(3) of Constitution against Fazli Karim Khan & others, DG Peshawar Development Authority and Project Director Rapid Bus Transit (BRT).

The petitioners alleged that the respondent No. 1 (Fazli Karim Khan) filed a writ petition before the Peshawar High Court wherein he challenged the construction and erection of Station 31 of ongoing Rapid Bus Transit (BRT) project on the ground that has blocked his house gate and devalued the property, and has sought its removal. The PHC while accepting the writ petition without adverting to the relief asked for by the respondent No. 1 formulated 35 points in shape of questions and directed the Federal Investigation Agency (FIA) for investigation and inquiry in disregard of law.

The petitioners submitted that a similar writ petition (4217/2017) was filed before the PHC in 2017 which was dismissed vide judgment and order dated 07-12-2017 by the then Chief Justice of the High Court. Astoundingly CM No. 847-P/2018 regarding some transfer matter was filed in the already dismissed writ petition (4217/2017) wherein the PHC directed NAB to conduct investigation and inquiry into the RBT project vide judgment stated 17-07-2018, which was impugned before the august court, wherein the Supreme Court granting leave to appeal suspended the impugned judgment of PHC by maintaining the status quo.

However, the PHC without considering the matter in dispute pending before the apex court again passed the impugned judgment and order dated 14-11-19 to writ petition No. 2520-/2019.

The judgment revealed that a letter/report (without mentioning the same) has been reproduced in the impugned judgment and while copying the text even the 'Flag' that was mentioned in such letter/report was not omitted and had been incorporated in the judgment.

The PHC judgment has observed that due to the improper planning, the short-term project was revised with 35% increase in cost and some of its components abnormally increased by 237% (Package 6), 200% (Package-9) and 147% (Package-4). This is testimony of poor planning for the project by the consulting firm with provincial government at the receiving end.

The project has grossly been mishandled and mismanaged from inception by the provincial government officials and thus so far three project directors were replaced, the High Court judgment said.

The project was initially conceived and reflected in ADP 2011-12 by the coalition government of ANP and PPP. The PTI government initially ignored the project; however, they started spadework in January 2017 through a Transport Authority by Asian Development Bank. This was a face saving project by the PTI government, which ultimately had adverse effects on provincial coffers and tremendous inconvenience for the inhabitants of Peshawar, it added.