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Thursday March 28, 2024

CJP takes notice of Model Town killings case

By Amir Riaz
April 09, 2018

LAHORE: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Sunday took suo motu notice of delay in dispensation of justice to the victims of Model Town incident, and summoned the case record from the trial court.

The top judge took the decision at the Supreme Court Registry in Lahore, as he arrived to oversee scheduled hearing into multiple other pending cases. Victims of the Model Town tragedy, while staging a protest outside the SC Registry here, pleaded for justice as the CJP arrived at the court premises. They were holding banners and placards, urging the top judge to take suo motu notice of the incident.

The protesters said they were denied a fair trial in the case, as 14 innocent people were killed by the police in Model Town, Lahore, in 2014. They stated that they were constantly being denied justice and demanded that those deemed involved in the massacre be punished accordingly.

The top judge called the protesters to the courtroom and listened to their complaints, while conversing with the daughter (Bisma) of a man who had been killed in the incident. “You will get justice. As long as I am here, you need not be afraid,” CJP Mian Nisar assured the daughter of a woman who was killed in the incident.

The CJP directed the Punjab government authorities to submit a report in the case. At least 14 people were killed and 85 others injured during a clash between the police and PAT workers four years ago in Model Town over an issue of barriers placed outside the Minhajul Quran Secretariat.

An Anti-Terrorism Court has been conducting trial in the case. Officials of the police and civil administration had been facing the trial while political leaders, including Nawaz Sharif, Punjab Chief Minister Shahbaz Sharif, Punjab Law Minister Rana Sanaullah and others, had been excluded from the trial.

Meanwhile, Chief Justice Mian Saqib Nisar made it clear that he would ensure everyone was held accountable for any wrongdoing, and each and every penny of the nation was accounted for and returned.

The two-member Supreme Court bench, led by the chief justice, was hearing a suo motu notice case regarding alleged irregularities in appointments to the Punjab Saaf Pani Company (PSPC), at the SC Lahore Registry on Sunday. Justice Ijazul Ahsan was the other member of the bench.

The chief justice observed that all 56 public sector companies, established by the Punjab government, will have to return the money spent illegally or given as lucrative salaries, perks and privileges to the employees or the expenses incurred unjustly.

Punjab Chief Secretary Zahid Saeed, Punjab Saaf Pani Company (PSPC) CEO Capt (retd) Muhammad Usman, Advocate General Punjab Shakilur Rehman, ex-CEO of the same company Waseem Ajmal and other officials from various departments were present in the court.

At the outset of the hearing, the chief secretary made stunning revelations by admitting that despite spending Rs4 billion on the project, not a single drop of clean water had been made available to the people. He pointed out that 116 small units had been established in various tehsils, including Hasilpur, Lodhran, DunyapurLodhran, Dunyapur and Minchanabad.

A day earlier, the company's CEO had told the court that Rs300 million had been spent for hiring the services of foreign consultants so far, an estimated amount of Rs150 billion had been allocated for the whole project, while 116 plants of clean water had been installed at a cost of Rs4 billion.

The CJP on Sunday mulled over the possibility of sending the case to the National Accountability Bureau (NAB) with a 15-day deadline for the bureau to probe the matter. He, however, stopped himself from sending the matter to NAB and instead summoned the NAB prosecutor general for April 14.

Justice Nisar rejected a report on the project submitted by PSPC Chief Executive Officer Capt (retd) Muhammad Usman and also sought complete record of 52 other public sector companies from the Punjab government for the next week.

The chief justice had directed the CEO to furnish a complete record, including the salaries, perks and privileges of entire staff and the vehicles provided to them to perform their duties. However, the officer could not explain the details of the company and its projects, especially Pattoki water project.

“What kind of CEO you are that still you don’t have the record,” CJP Nisar snubbed Muhammad Usman when he failed to explain the company’s performance. “Rs400 million have been wasted and still not even a single drop of pure water is available to the citizens,” the CJ lamented.

He said those who appointed people to the project would also be held accountable and asked to return the spent money. Justice Nisar said that all CEOs of government associated companies would be given salaries equal to those of government servants.

"A government servant is being favoured [by being appointed as a CEO] with Rs1.4 million salary so that he may be used to get work done at any point." The government employees were being rewarded so that they too can be used for their advantage, he added.

"So much money was spent on advertising but the project was not completed," Justice Nisar remarked. He also vowed that undue favours or bribe would not work until the current judiciary is in place and people of Pakistan will get their money back.

The CJ questioned the eligibility of Special Assistant to Punjab Chief Minister Zaeem Qadri's brother, Asim Qadri, and wife, Uzma Qadri, for being part of the board of directors of the PSPC.

The provincial chief secretary conceded that things were going down rather than looking up for the company while a former CEO of the PSPC, Waseem Ajmal, informed that Punjab Chief Minister Shahbaz Sharif, despite not having any powers, gave instructions for the water company and it was on his advice that foreign experts were called in after sidelining the local ones.

Ajamal told the court reasons behind failure of Pattoki project. He said foreign consultants were hired on the directions of Punjab CM Shahbaz Sharif despite their recommendations for the local ones. He said he was facing cases in NAB and Anti-Corruption Establishment just for speaking on the issue. Ajmal said they asked the Punjab CM to approve the project and its contract and inclusion of the local consultants but their recommendations were not given any weightage.

Ajmal, along with two other officers, was removed on the orders of Punjab Chief Minister Shahbaz Sharif in 2016 after an inquiry team probe into Rs80b increase in cost estimation of the project.

At this, the CJ expressed serious concerns and addressed CEO Muhammad Usman that what he had done so far in the company despite getting huge salary and enjoying other perks and privileges.

“You re’ getting Rs1. 4 million and what you have done,” CJ Nisar observed while regretting the poor performance of the company. “Why don’t you join any company as its CEO?” the CJP addressed Chief Secretary Zahid Saeed.

“He (Zaeem Qadri) is seen on TV channels explaining things,” the CJ said, adding that “Where the huge amount of Rs400 million has gone?” “I know two companies were awarded contracts,” he further remarked. The PSPC CEO said that he resumed charge six months ago.

At this, the CJ asked him why he was being obliged, just because he had shown performance as an officer in Lahore. He observed that he would call every CEO of the companies. The CJ further warned that this is public money which will be returned to the national treasury.

The CJ said the court would ask NAB to decide the matter within 15 days and summoned the NAB prosecutor general on the next hearing. The court will resume hearing on April 14 at Lahore Registry.

NMU VC appointment

The two-judge SC bench also summoned the vice-chancellor (VC) of Nishtar Medical University (NMU) in Multan as well as members of the search committee, who had recommended his appointment to the post.

Hearing the suo motu notice pertaining to NMU VC appointment, the bench issued notices to Dr Zafar Hussain Tanvir and the search committee members.

“We want right people for the right job,” the CJP remarked. The CJP also asked Advocate General (AG) of Punjab Shakilur Rehman Khan to tell the court about the qualification of Dr Tanvir, who responded that he had a PhD degree in Zoology.

Meanwhile, the bench was told that he also had a degree in physiology, to which the bench directed the court staff to check the meaning of Physiology. The bench was told that it was related to Biology. At this, the CJP remarked, “It is not related to medicines,” asking “how he (Dr Tanvir) was appointed as the VC of a medical university?”

“Who are the members of the search committee who gave a recommendation for his appointment?” the CJP asked the AG who said that there were four members of the committee including General (retd) Muhammad Akram, Professor Faisal Masood of University of Health Sciences (UHS), Prof Dr Amir Aziz and Eis Muhammad.

After coming to know the name of Prof Masood, the CJP expressed serious concern and said the court was relying on him but he had not done good in that case. “One may not ride two boats at the same time. He is working with us and also praising others,” the CJ remarked.

However, the bench deferred the case till the next hearing. “We’ll look into it as the members will appear before the bench,” the CJP said and directed the members of the search committee to appear in person on the next hearing.

The CJP said it was secretary Najam Shah, who was doing all these things as he had come from the Quaid-i-Azam Solar Power Project. The CJP once again vowed that all those who had been heading the public sector companies would return the salaries they received as heads of the companies to the government kitty.

It should be noted that Dr Tanvir was appointed as NMU VC last year. In a statement refuting objections during November 2017, he had claimed that his degree was duly approved by the Higher Education Commission (HEC) and was also in approval stage of Pakistan Medical and Dental Council (PMDC).

Hospitals emergencies

The CJP directed the Punjab chief secretary to implement his orders about installation of necessary equipment at emergency units of the public sector hospitals. The chief secretary said that they had been working on it and all equipment would be installed at Mayo Hospital’s emergency ward. The hearing was adjourned till April 14.  

Quaid-e-Azam Solar project

Chief Justice Mian Saqib Nisar Sunday took notice of Quaid-e-Azam solar power plant and the power companies. He summoned details pertaining to the solar plant’s cost, production and expenditures.

The CJP directed the authorities concerned to submit a report regarding the power companies’ performance and expenditures.

Quaid-e-Azam Solar Power Limited is a public-sector for-profit company, established by the Punjab government as the first-ever utility-scale solar power plant in the country in 2013, which commenced commercial operation in 2015.

The first unit of the project was inaugurated in 2015 by former prime minister Nawaz Sharif in Bahawalpur. The model project, completed at a cost of Rs11 billion, has been constructed within 11 months. Auditor General of Pakistan (AGP) and the National Accountability Bureau (NAB) had initiated an investigation pertaining to alleged embezzlement in its construction. The AGP reportedly found irregularities in the commencement and operation of the company and its various processes which were presented in an audit report for the period 2013-2017.