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Friday May 03, 2024

‘Irregularities in IHC building construction’: Court issues notices, fixes hearing on Dec 12

Petitioner Malik Saleh Muhammad, Advocate, had filed petition through Colonel (r) Inamur Rahim, Advocate

By Rana Masood Hussain
November 19, 2023
Islamabad High Court (IHC) Chief Justice Aamer Farooq. — IHC website
Islamabad High Court (IHC) Chief Justice Aamer Farooq. — IHC website

ISLAMABAD: Chief Justice of Islamabad High Court (IHC) Aamir Farooq has issued notices on a petition filed against the alleged irregularities in construction contract of the newly-constructed building of IHC and ongoing work of the Legal Facilitation Centre.

The notices were issued to Secretary Ministry of Housing and Works, Pak PWD Chief Engineer (North), Executive Engineer, Chairman Inquiry Committee Abdul Rasheed, Member Inquiry Committee Abdul Raziq Khattak and Messrs City Traders. The court fixed December 12 for hearing after combining the petition with another similar application.

Petitioner Malik Saleh Muhammad, Advocate, had filed the petition through Colonel (retd) Inamur Rahim, Advocate. The petition highlighted the defects and irregularities in the new building of Islamabad High Court and sought action against those responsible.

The petitioner stated the design of the present building of Islamabad High Court was approved in 2013. PWD awarded the contract to M/s Habib Rafiq Limited in 2015. Apart from the main building, the High Court Bar, construction of a separate building for prayer hall with an area of 24,775 square feet and a parking lot for lawyers was also part of the project. The construction cost of the whole project was Rs2.6 billion.

But Rs4.8 billion have been spent till June 30. The construction work was supposed to be completed in 36 months, but it is still incomplete even after 100 months, the petition stated. The construction cost has increased by billions in five years, it further stated.

The petition said a new PC-1 has been created for the construction of “Legal Facilitation Centre”. This centre was also included in the earlier PC-1. Pak PWD has got approval from the Departmental Development Working Committee for Rs1,876 million “Legal Facilitation Centre”, the petition said.

With the approval of new PC-1, the cost of the project is estimated at Rs3 billion. The total cost of construction of Islamabad High Court will thus reach Rs8 billion.

According to the petition, Executive Engineer of Pak PWD along with Chief Engineer (North) estimated the cost on market rates instead of Pak PWD Schedule Rates 2022. The contract was awarded to M/s City Traders, a proxy firm of M/s Habib Rafiq Limited.

The petition stated M/s City Traders is a dummy firm, and at the time of tendering, it did not even have a licence from Pakistan Engineering Council. The tender was issued on April 5, 2022, while M/s City Traders was registered by the Engineering Council on January 22, 2022.

According to the petitioner, the central air conditioning system is defective, but the contractor has been paid for it. “Many things have been compromised for illegal financial benefits in the construction work. Due to the echo of sound system (speaker) installed in the courts, it is difficult to hear court proceedings,” the petition alleged.

The petition stated current condition of the building presents a very disappointing picture due to which lawyers and the public are suffering. “An order be issued to prevent further complications and loss to the national exchequer. The ongoing work of the Legal Facilitation Centre should be stopped.

A fact-finding report be sought on the tender of this project, while the Secretary Housing and Works should be directed to initiate disciplinary action against Pak PWD Chief Engineer (North) and Executive Engineer. Investigation should also be ordered against the officers who concealed the defects in the construction of building, the petition further stated.