The Supreme Court on Friday allowed a week to respondents in the petition on the delay in the execution of Nandipur and Chicho-ki-Malian power plants. The respondents in the case included Babar Awan, three former law secretaries, including incumbent Federal Shariat Court Chief Justice Agha Rafiq, Election Commission of Pakistan's member former Justice Riaz Kayani and Masood Chishti.
The respondents were told to file replies on former Justice Rehmat Hussain Jafferi Commission's report for delaying the approval for the shifting of machinery for Nandipur and Chicho-Ki-Malian power plants from Karachi port during their tenure, causing loss of Rs 113 billion to national exchequer.
The petition was filed by PML-N leader Khwaja Muhammad Asif. Appearing before a three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry, former law minister Babar Awan submitted an application, saying that the documents of Nandi Pur Project had been submitted before the law ministry for vetting on September 10, 2008 and at that time, he was not the law minister.
"I assumed the charge of the Federal Minister for Law and Justice on December 17, 2009 when former Justice Riaz Hussain Kayani was the secretary of the Ministry," he told the bench. Babar Awan said that no document had been put before him as federal minister. He said that just once, on March 3, 2010, a note was presented to him in connection with the Nandipur plant.
"On the same date I asked the Ministry to put up the case history, if (there was) any. At that time, the secretary (to the) Ministry of Law and Justice was former Justice Aqil Mirza," he said. Babar Awan said that he remained law minister for about 15 months and he was not the Law Minister when legal opinion was given regarding Nandipur project.
"Opinions were rendered twice in Nandipur project...much before the assumption of my charge as a Law Minister, by two Honourable Judges of the constitutional courts who knew the law, rules of business, proprietary, promptitude and the responsibility. Thus under them, the Ministry of Law and Justice gave correct legal opinion," he said.
Babar Awan also stated that he had not dealt with Nandipur project, therefore the commission headed by former Justice Rehmat Hussain Jaffri had not called him or asked him any question during the probe. Babar Awan alleged that he was being persecuted by his political opponents, saying that the brother-in-law of the petitioner (Farooq H Naek) was the law minister who included his name in this matter.
Former law minister said that he needed to go through order sheets, documents, evidence, claims, replies, and other proceedings of former Justice Jafferi's Commission as well as the relevant record of the Ministry of Law relating to Nandipur Project. Upon this, the bench observed that the commission's report had been made public, therefore he had been granted access to relevant record and he might approach the SC registrar in this regard. The hearing of the case was adjourned for a week.