Punjab public sector companies:CJP orders heads to return extra salaries

LAHORE: The Chief Justice, Mian Saqib Nisar, directed all the public servants working as heads of public sector companies to return the money received by them over and above their regular salaries to the government within one month.

A two-judge bench of Supreme Court, headed by Chief Justice of Pakistan, and comprising Justice Umar Ata Bandial, was hearing a suo motu case at the Lahore Registry here on Saturday. The chief justice ordered the heads of public sector companies to draw salaries as per their pay scales and return the excessive amounts, observing that no one would be allowed to plunder or misuse of taxpayers’ money with impunity.

Hearing the suo motu notice over alleged corruption in 56 companies, the CJP remarked: “These companies were constituted to dole out heavy reward to relatives. “Billions of rupees were spent but there is not a single drop of water available for the people. We won’t allow any person to misuse the tax money.”

Appearing before the court, DG NAB Saleem Shahzad, informed the court that the Punjab government did not cooperate with the Bureau over records of companies, adding 17 out of 56 companies have yet to submit their records. Responding to this, the CJ remarked: “Don’t worry, all records will be provided to NAB. Let’s see how these companies will submit their records to the accountability bureau.” However, the chief secretary stated the record initially required by NAB had been furnished to it. He said the questioning by the bureau is an ongoing process and he was ready to appoint a focal person for the regular communication and provision of subsequent record to NAB. The chief justice directed the DG NAB to inform the court about the record required, and the court would manage its provision through the chief secretary. The DG NAB told the court that inquiries against the companies would be completed by June 30. The court then ordered the 17 companies to submit their record to the accountability bureau within three days. The chief justice also summoned a report over development in the case within one week.

The chief justice reprimanded Chief Executive Officer (CEO) of Punjab Saaf Pani Company Capt (retd) Muhammad Usman for seeking more time to file a report about the company’s working, expenditures and salaries of whole staff. The chief justice reiterated his concern over hefty salary packages being drawn by the company head and asked him about his experience relevant to the water projects before his appointment as the company CEO. “Were you the DCO (district coordination officer) in Lahore when the Model Town incident took place?” asked the chief justice. “I had taken the charge one day before the incident,” responded Usman. He said the government appointed him as CEO of Saaf Pani Company following a lawful procedure and competition. “I wish the chief secretary would also have been appointed as the head of a company against a huge salary,” remarked the chief justice sarcastically and observed the government servants appointed as heads of the public companies have just exploited the system. Earlier, Punjab Advocate General Shakilur Rehman Khan told the court that the company is yet to engage a counsel in the case. The chief justice adjourned hearing for one week.

The two member SC bench, headed by Chief Justice of Pakistan ordered a five-year audit of the Pakistan Railways under the PML-N government and directed its completion in the next six weeks. The court pointed out that the services of a renowned charted accountancy firm should be hired to complete the task. At the outset of the hearing, the chief justice expressed annoyance over absence of Railways Minister Khwaja Saad Rafique. "Who gave him the exemption from appearance in the court," the CJ asked. To which, the railway secretary replied that the minister was not been summoned to appear before the court. “Please call the railways minister. We will hear the case in his presence,” the top judge said.

When Khwaja Saad Rafique appeared before the court, he called the CJ “an honourable chief justice” over which the CJ showed strong reaction and asked him to omit word “honourable” from his address. “There is hell of contradiction in your attitude shown and words uttered inside and outside the courtroom,” the CJ said angrily, asking Saad Rafique if the judges were honourable inside the courtroom, they should also be (called) honourable outside as well. The minister conceded that not only the people but the government had also got relief from the steps taken by the SC. He also added his department had worked tirelessly for the improvement of railways and stated that they looked for SC's appreciation. The CJ said he would definitely shower praise over the railways if no irregularities were found in the audit report, adding the SC is trying to set up a system where no one would work whimsically.

"We are ordering an audit of Pakistan Railways," the chief justice said, to which the minister responded the audit should evaluate the performance of the past 10 years, so the court could gauge the difference between the performance of the past government and the incumbent. The CJ, however, rejected his suggestion and remarked: "Audits are only conducted of the performance of those in power," and clarified the probe would span the last five years. "We have tried very hard to reform the railways system of this country [so] two lines of praise from the court will boost our morale," Rafique added. "There will be time for praise if the audit report is satisfactory," Justice Nisar responded. Earlier this month, Justice Nisar had taken suo motu notice of losses amounting to Rs60 billion incurred by the Pakistan Railways.

During the hearing, the court snubbed National Accountability Bureau (NAB) director general (DG) for excessive use of power after the chief secretary complained that heads of the public sector companies had pointed out rude behaviour of NAB officials during investigation. The court warned NAB against causing any harassment to the government officers during inquiries. “We would not tolerate disrespect to any officer and you would not be standing here if we receive any such complaint,” Chief Justice Saqib Nisar told NAB-Punjab Director General Saleem Shahzad.

The DG appeared before the SC special bench along with NAB Prosecutor General Syed Asghar Haider with initial reports about different cases including working of public sector companies in the province. The DG was passionately apprising the court of the bureau’s progress into the investigation against the public companies when Justice Bandial reminded him the powers enjoyed by him were under the law and he was bound to act in accordance with the law only. “You are supposed to hold investigation to the extent of specific allegations only,” the judge further told the director general. “You have no power to ridicule or insult an individual,” Justice Bandial exhorted DG, warning him to remain in the four corners of law; otherwise, the court would take action against him.

DG Shahzad promised to ensure compliance of the orders and pointed out that the officers on their visit to the NAB office are served tea, coffee and mineral water at the air-conditioned reception room. At this, Punjab Chief Secretary Capt (retd) Zahid Saeed stated he did not want to reveal now the treatment meted out to the officers at the NAB office on their visits. He said the chief executive officers of the public companies would themselves disclose it to the court. “They are kept waiting for whole day at the reception of the NAB office,” the chief secretary added.

CJ Nisar told the director general that he would be responsible if any government officer is harassed or humiliated by the interrogators during the inquiry process. The chief justice also stopped the director general from disclosing the bureau’s ongoing inquiries when he tried to discuss alleged involvement of Chief Minister Shahbaz Sharif’s son in-law in a corruption scam of Punjab Power Development Company. The chief justice also summoned a report over development in case within one week.

As the SC bench resumed the hearing of the suo motu notice on use of luxury vehicles at the Lahore registry, the Punjab chief secretary informed the bench that Chief Justice of Lahore High Court Justice Muhammad Yawar Ali was provided a vehicle worth Rs24 million. When Justice Nisar asked about the luxury vehicle provided to Justice Yawar, the secretary stated the said vehicle is also being converted into a bullet-proof one. “How can I take steps regarding others if I don’t clean my own institution?” he questioned.

“Different institutions possess luxury cars. The boards concerned take the decisions of providing the said vehicles,” the secretary informed the bench when questioned who approves of the vehicles’ deployment. “Call the boards concerned and bureaucrats working in the companies; they should be prepared to return the amounts in excess taken for such luxuries,” the top judge remarked. “I don’t give them any time.” The secretary then informed the court that more than two judges of the high court were given bullet-proof vehicles. “According to the law, high court’s CJ is allowed to keep an 1800cc car, but not a bullet-proof one,” he informed the bench. The CJ then sought details of the number of government officers who possess Land Cruisers and remarked that why a Land Cruiser had been provided to the LHC chief justice if he was not entitled.

The same bench stopped Punjab Chief Minister Shahbaz Sharif’s former principal secretary Dr Tauqir Shah from going abroad without the court permission. He was appointed Pakistan's Ambassador to World Trade Organisation (WTO) by the prime minister. The court also restrained the establishment division from giving an extension to Tauqir Shah.

Stopping him from reading a performance report by the WTO ambassador, the CJ showed annoyance over his appointment and remarked that the court had no interest in his performance. The court would look into his appointment and extension granted by the prime minister. The Establishment Division secretary informed the court that prime minister had allowed extension to Mr Shah, but a notification to that effect had not been issued thus far. Tauqir Shah requested the court to withdraw the order about the ban on his visit abroad, as a WTO member countries’ conference is scheduled to be held on May 8, and Pakistan is a convener of it. The court, however, rejected his plea and questioned how he (Tauqir Shah) was appointed to WTO while his name was mentioned in the Model Town tragedy. Shah replied that his name is not included in the FIR pertaining to incident. “Let the court decide it as the matter is pending adjudication before a competent court of law,the CJ said.

The court directed the Establishment Division secretary not to extend his appointment without court permission. The CJ said the court would scrutinise the whole process of his appointment as an ambassador to WTO as well as extension. Justice Saqib Nisar had taken suo motu notice of Tauqir Shah’s appointment last Saturday, and summoned the former secretary. Tauqir Shah was reportedly removed from the post of CM Punjab’s principal secretary after the Model Town incident. Soon after, the federal government had approved his appointed as WTO ambassador. The decision was opposed by Federal Secretary for Trade Arbab Shahzad, but the summary for appointment was still forwarded.

The Chief Justice, Mian Saqib Nisar, ordered the arrest of a quack, who had operated upon a woman, along with his accomplice in a Jhang hospital. The decision came during a hearing of the suo motu notice taken about the video of the operation went viral showing a man wearing a vest conducting surgery on a patient. The video also showed the man being assisted by another person, who was neither wearing gloves nor a mask.

The Muttahida Qaumi Movement, Senator Mian Ateeq, had also, earlier, raised the issue at a meeting of the Senate Standing Committee on National Health Services. During hearing, Superintendent Jhang Police presented the suspects in the court. Police said the suspects worked at Dr Rafiq Ahmed’s clinic, who was registered with the Pakistan Medical and Dental Association. “The suspects claimed that Dr Rafiq conducted the operation and they were only giving first-aid,” police officials told the bench. To this, the CJ remarked, “They are lying.”Justice Nisar ordered for their arrest and registration of a case against them. The bench also directed the police to present Dr Rafiq at the next hearing of the case.

Earlier in the day, Chief Justice Mian Saqib Nisar visited the Punjab Institute of Mental Health (PIMH) as well as Services Hospital in Lahore and inspected the state of healthcare facilities there. The chief justice reached the PIMH where Punjab Health Minister Khwaja Salman Rafique accompanied him during his visit. He visited different wards, inspected facilities and inquired about the health of patients. He also visited the hospital’s medical store and kitchen. Upon seeing the top judge, kitchen staff swung into action, cleaning up the kitchen. The patients piled up complaints about the dire state of kitchen services, particularly unhygienic conditions. Many staffers complained to the chief justice that their services have not been confirmed, though they had been working at the medical facility for several years. The CJ assured them of provision of justice to them in this regard. Expressing displeasure, he taunted the minister saying why was he trailing around after him and should step forward to listen to the complaints.

The CJ visited the PIMH over the case of a woman on a death row, reportedly with mental disabilities. While hearing the case, the chief justice said the woman seemed to have mental disabilities. Therefore, he ordered shifting her to the psychiatric facility from the prison.

He ordered the doctors at the PIMH to examine the woman and find out what disabilities she had. He also asked for update on the hospital’s condition, remarking that he often received complaints of mismanagement there. The attendant of a patient told Justice Nisar that the hospital is cleaner than it usually is because of his visit. A woman present at the PIMH told the chief justice about the shortage of medicines at the facility. Over this, an explanation was sought from Punjab Health Minister Khwaja Salman Rafique. The chief justice also went to the pharmacy of the hospitals where he sought details from the in-charge.

At one of the wards, a doctor met the chief justice to tell him about her son, who was missing for the past eight years and the police was not cooperating to find him. The chief justice took notice of the matter and issued directives for action. Later, he visited the Services Hospital and heard people’s complaints. He directed the medical superintendent of the hospital to resolve their issues.

The Chief Justice, Mian Saqib Nisar, has said he would never sit silent after seeing the problems of the people of Pakistan. Addressing a ceremony of the Supreme Court Bar Association at the Lahore Registry, the CJ said: “We are doing the work which the government should do.” He also thanked the lawyers for hanging his picture in the bar association hall. He said he is the first CJ whose picture has been placed in the bar.