PHC reserves judgment in mega projects contract case

PESHAWAR: The Peshawar High Court (PHC) on Thursday reserved verdict in a writ petition challenging the award of the contract of eight mega projects to the National Logistics Cell (NLC) without a proper competition.

A two-member bench comprising Chief Justice Yahya Afridi and Justice Abdul Shakoor reserved the verdict in the petition after detailed arguments by the petitioners’ lawyer and Khyber Pakhtunkhwa advocate general, additional advocate general and counsel for the Khyber Pakhtunkhwa Public Procurement Authority (KPPRA). However, the bench also recorded the statement of Advocate General Abdul Lateef Yousafzai in which he submitted that the entire process of the eight developmental projects directly awarded to NLC would be revisited strictly under the rules through the cabinet of the provincial government.

He also submitted that the jurisdiction of Peshawar Development Authority would be limited to only Peshawar. The advocate general also submitted before the bench that the provincial government is also going to execute development schemes through secretary concerned of the department rather through other authorities. He said that secretary of the department concerned would act as procurement agent for implementation of the project.

The bench observed that the grievance of the petitioners in the case is that the grant of the projects to two contractors NLC and FWO by the respondent departments is in complete violation of the spirit of the KPPRA Act and Rules.

Additional Advocate General Waqar Ahmad submitted that the government was awarding direct contract to the NLC for timely completion of the schemes as the private contractors have reputation top complete the two years projects in ten years.

The petitioners’ lawyer Barrister Waqar stated that the relevant rules allowing the direct award of contracts to the government organisations were in conflict with the KPRRA Act, which was meant to ensure transparency in procuring goods, services and works.