SHC seeks complete record of Rs9bn Jamrao canal rehabilitation project

Karachi

The Sindh High Court (SHC) on Thursday issued a notice to Sindh Chief Secretary Muhammad Siddique Memon to appear in court with all the relevant records of the Rs9 billion being spent on the rehabilitation project of Jamrao canal, including pertaining to awarding the contract, granting work orders, release of mobilization funds and the running bills being paid to the contractor.

This direction of the SHC came on the petition of Ghulam Hussain who challenged awarding of the Rs9 billion Jamrao canal rehabilitation project in Mirpurkhas division.

He claimed that the award of the said project was in violation of Section 15 clauses (2) (ii) of the Sindh Public Procurement Rules, that provide the procedure for international competitive bidding in case the tender was above US$10 million.

The court had asked the irrigation secretary to appear in court with the entire record of awarding the contract for the rehabilitation of Jamrao canal to Sardar Ashraf D Baloch allegedly in gross violation of the Sindh Public Procurement Rules.  

Subsequently, irrigation secretary Syed Zaheer Haider Shah had appeared before the court and requested time for filing the required documents. But the court had declined more time and had ordered the official to place the entire record before the bench at the next hearing.

However, much to the irritation of the bench, the section officers concerned had produced files of the Rohri canal project, instead of the Jamrao canal.

The court took serious exception over this and ordered the Chief Secretary to make sure that the correct documents were produced in court during the course of the day. However, Additional Advocate General Mustafa Mahesar begged the court to adjourn the hearing on behalf of Chief Secretary Memon who was busy in a meeting with Chief Minister Qaim Ali Shah.

The division bench headed by SHC Chief Justice Sajjad Ali Shah, keeping in view the conduct of officials of the department concerned and the quantum of funds involved in the project, directed the Chief Secretary to appear with all the relevant records in court on Friday.

Meanwhile, in his comments filed to the court, the managing director of Sindh Irrigation and Draining Authority (SIDA) claimed that there had been no violation of rules in the procurement process and no favours were being made to the contractor. The SIDA chief claimed that there had been 12 bidders out of which four had been qualified for the bidding process. He said the secretary irrigation was a competent authority issuing permission to opt for national competitive bidding in lieu of international competitive bidding in accordance with the rules and such permission had also been communicated to the Sindh Public Procurement Authority.

 

Hospital’s car parking

The Sindh High Court on Thursday directed the Karachi Metropolitan Corporation to ensure that no parking of vehicles was allowed on a space meant for a public park in North Nazimabad. The space in question remains in use of a private hospital owned by under-detention former federal minister Dr Asim Hussain.

The direction came on petition against alleged illegal occupation of the public park and footpath, filed by the late Rana Faizul Hasan in which he submitted that the private hospital’s administration had occupied space for parking purposes in violation of all laws.

The petition states that the hospital management also occupied a footpath and other amenity area for parking purposes near the Shireen Jinnah Colony branch of the health facility. At yesterday’s hearing, the court was informed of the petitioner’s death but observed that, since the matter pertains to public interest litigation, the hearing would proceed as usual.

The bench then reissued notices to the KMC, private hospital and others, while directing the director parking, anti-encroachment and SBCA to file comments over whether the private hospital management had any legal authority to use the public park as a parking space.

The court also directed the KMC’s director parking to ensure that the practice was stopped on the plot in question and appointed senior counsel Faisal Siddiqui as amicus curiae to assist the court.

 

VIP protocol 

The SHC directed the provincial law officer to file comments on a petition against VIP and VVIP protocols enjoyed by politicians, public functionaries and other high profile personalities during their movement.

The petitioner Ansar Burney, who also heads the Ansar Burney Trust International, requested the SHC to take notice of what he said was a violation of the fundamental human rights of citizens.

The petitioner submitted that the motorcades of public functionaries, including members of the parliament, ministers, their representatives and leaders of political parties, which are denoted as VIP or VVIP movement/protocol was a common thing that had become a menace for society. 

He requested the court to direct the respondents and enforce that the roads/routes should not be blocked during any VIP and VVIP movements. The petitioner also sought a direction for the President House, the PM House and provincial government not to infringe or curtail public liberty or violate fundamental rights by closing down services centers like airports, hospitals or suspending their normal operations. 

The secretaries to the president house, the prime minister house, the interior ministry, the provincial home department and chief secretary were cited as respondents in the petition.