ISLAMABAD: The Supreme Court (SC) on Tuesday observed that government officials are the servants of state not any government and sought within three days, report on the implementation of construction of Bhong Interchange.
A two-member bench of the apex court comprising Justice Ijazul Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi heard the petition filed by Raees Munir against change of location for Bhong Interchange.
During the course of hearing, Additional Attorney General Rashdeen Kasuri told the court that the Planning and Development sent the report the other day, stating that the construction of Bhong Interchange cannot be made due to economic condition. At this, the court while expressing its dismay over the report summoned Secretary Planning and Development.
Justice Ijazul Ahsan observed that the Central Development Working Party (CDWP) had approved the project, adding that the minutes of the meeting was also provided with the report.
Chief Transport and Communication officer should inform as on whose instructions, the draft of the report was changed”, Justice Ahsan asked, adding that the court be informed as to whether he himself change the report or on the direction of Secretary.
Justice Ijazul Ahsan hinted for taking strict action against the persons who have changed the draft of the report. Don’t be smart before the court and just tell us as to who changed the report and deceived the court”, Justice Ahsan asked the law officer, adding that the consequences for misleading the court will be stern. “Why contempt notice should not be issued for misleading the court”, Justice Ahsan remarked.
Meanwhile, after the interval Federal Minister for Planning and Development, Ahsan Iqbal appeared before the court along with the Secretary and informed the court that the officials were quite scared for the last four years that’s why he personally appeared before the court.
Justice Ijazul Ahsan however, observed that the matter relates to implementation of court’s order. Ahsan Iqbal however, submitted that the developmental budget has been decreased from Rs1000 billion to Rs550 billion due to which most of the developmental projects have to be discontinued.
The court, however, observed that a review petition was required to be filed when some changes were to be made in court’s order. Justice Ahsan reminded to the Planning minister that the court gave the order for building the Bhong Interchange after the government had consented to it.
Ahsan Iqbal however, submitted that they will file a review petition and will inform the court about its stance. He assured the court that Interchange will be constructed where the court wants.
Justice Ijazul Ahsan said that the court had already given its order and it should be implemented in letter and spirit. “Ask your official not to temper with the report when the court sought”, Justice Ahsan told the federal minister.
“Government officials are the servants of state not any government”, Justice Ijazul Ahsan remarked, adding that the court warns the Secretary Planning Development for tempering with the report and we expect that the court’s order will be implemented in letter and spirit.
Ahsan Iqbal submitted that they want to submit a report pertaining to economic problems being face by the government due to the flood.
Justice Ijazul Ahsan told the minister that they can submit the report and the court will examine it but added that as to if the government wanted to make change in the project, it should have approached the court earlier.
The judge observed that the government itself decided to make changes in the project and when the petitioner approached the court for non-implementation of its order then now the government is talking about filing a review petition. Ahsan Iqbal submitted that being a minister, he has also taken oath like judges. “But we have guided you but I think you are not taking it as well”, Justice Mazahar told Ahsan Iqbal, adding as to why you want that the court may proceed against you.
Later, the court sought the report within three days and adjourned the hearing.
Last month the court had issued notice to the federal government in a petition against change of location for Bhong Interchange on Lahore-Karachi Motorway. During the course of proceedings, the court had called for a report on the change of interchange.
Advocate Hamid Khan, counsel for Raees Munir, had argued that PC-1 of Bhong Temple Interchange was approved. The court had also ordered that a motorway interchange be built at Bhong but the location for Bhong Interchange had been changed with Jamal Dini after the change of government, he added.
Advocate Faisal Chaudhry, counsel for the National Highway Authority (NHA) had told the court that NHA had proposed Interchange at Bhong Temple in PC-1.
He had submitted that the interchange had been transferred by the Planning Division. Justice Ijazul Ahsan had asked as to what went wrong with the location change for Bhong Interchange?
Subsequently, the court had issued notice to the federal government and sought reply and adjourned hearing of the case.