Resuming hearing of a suo motu case relating to irregularities and non-payment of salaries to workers of Pakistan Railways, the Supreme Court issued directives to re-transfer Secretary Railway Board Shafique Ullah, saying that he was showing to the judiciary a true picture pertaining to facts since the commencement of case. Meanwhile, the court also sought a compliance report from PR, asking the department about present status and details of enchroached Railways land across the country.
Chairman PR Arif Azeem, counsel for Railways Rai Muhammad Nawaz Kharal, Attorney General for Pakistan Maulvi Anwarul Haq, Additonal Prosecutor General NAB Tarar and former Minister for Railways appeared before the bench. The Chairman Railways informed the bench that Shafique Ullah was transferred on administrative grounds. The Chief Justice, however, expressed his dismay, saying, "Bring back Shafique Ullah - what a joke that the Supreme Court was unable to protect an officer".
The bench was also apprised that a summary of Shafique Ullah's transfer was sent to the Prime Minister Syed Yousuf Raza Gilani for approval by the incumbent Chairman Railways. Upon which, Justice Arif Hussain Khilji admonished the Chairman Railways, saying, "Bureaucracy has become subservient to politicians."
The Chief Justice noted that corruption on an unprecedented scale had been witnessed in the Railways department, adding that trains' operations were in a complete dismay while the NAB was investigating the matter of scrap instead of taking the person at the helm of affairs to task.
Addressing the Additional Prosecutor General NAB, the Chief Justice observed, "To get a new job is one of the difficult tasks so every body is saving his present job - you cannot arrest an influential person involved in the embezzlement, but a poor baboo has nowhere to go." The CJP pointed out that he had said, between the lines, on numerous occasions that the NAB only protected those involved in white-collar crimes.
The CJP added that although a SHO was not a highly educated officer, he registered an FIR to investigate a matter under his jurisdiction. The Additional Prosecutor General NAB submitted that the NAB was fulfilling its duty under the law of the land and had arrested many influential persons, adding that senior railways officials were involved in the award of railways properties but the NAB was not going to spare anyone.
The CJP cited the example of former Prosecutor General NAB and said he was in the habit of delaying proceedings in various cases under the pretext that "petitions were pending in the Supreme Court."
On the occasion, Director Properties and Land Railways Farrukh Tamour Ghilzai told the bench that a total of 496 acres of Railways land was leased out to Pakistan Rangers near the border areas of the country for which nominal charges were finalised, adding that the rate of cultivated land leased out to Rangers was Rs 3000 per acre. He further said that a total of Rs 11 million had been received so far.
Sheikh Rasheed told the bench that Railways agricultural land in the country was consisting of 37,000 acres of land, adding that Railways financial health could be recovered and there would be no need to get advances if some valuable plots of Railways land in Karachi would be disposed of. Farrukh apprised the bench that there was 127,000 acres of operational railway land in Pakistan.
The bench was also told that an internal audit of the Railways was carried out. Justice Khilji observed, "Internal audit is no audit". Justice Khilji also remarked that Railways' financial condition was at stake and its land was leased out for welfare purposes which was not justified. According to him, if a person is poor then how it will be possible for him to give Zakat.
On the occasion, a union leader of Pakistan Railways said that Railways' administration was not serious to take measures to get the Railways land vacated and improve the deteriorating condition of the Railways, adding that people secured the Railways land on a nominal rate of Rs 1900 per acre and sub-leased to others on Rs 23000 per acre. He added that politicians were benefiting from Railways issue and becoming "stars" in society, adding that a vast area of Railways had been illegally occupied by the police employees and other influential persons in the country. The bench adjourned hearing till March 16.