Build Basha, Mohmand dams immediately: SC

ISLAMABAD: The Supreme Court of Pakistan on Wednesday ordered immediate construction of Basha and Mohmand dams from the money recovered from the loan defaulters. It gave the order while hearing a suo motu case on Wednesday.

The court order said the water resources are critical not only for human lives but also for the country’s stability. It further said the Council of Common Interests (CCI) did not express any reservation against Basha and Mohmand dams. “How much water are we wasting?” the Chief Justice of Pakistan, Mian Saqib Nisar, asked during the hearing. The Ministry of Water and Power responded that water worth millions of dollars was being wasted, adding in one year alone, 90 million acre-feet water was wasted. According to the Ministry of Water and Power, one million acre-feet water costs $500 million. The chief justice said after Tarbela, a new dam should have been built after every 10 years. During the hearing, the CJP asked why the governments do not want to build dams, to which the officials of the ministry responded that it wasn’t the government’s priority.

The Supreme Court ruled that the amount returned by the loan defaulters must be used for the construction of dams. The CJP observed the government requires money for the construction of dams and directed the loan defaulters to return the borrowed money. The apex court set July 17 as deadline to 222 loan defaulters to return the money or face the music.

On the last hearing, the court had directed the loan defaulters either to pay 75 percent of the principal amount they had borrowed from the National Bank or face the banking courts. Justice Saqib Nisar had also observed that they would collect the money from defaulters with interest, adding if they could not get back the public money, they had no right to remain on their slots. Last month, the apex court issued notices to 222 individuals and companies who allegedly got loans of Rs54 billion written off. The court had ruled that as per the report of the commission constituted by this court, action against 222 individuals and companies was recommended as the loans were not written off in accordance with law.

Farooq H Naek, counsel for some loan defaulters, prayed to the court to constitute a commission for loan recovery. The chief justice declined the request, saying they had already given options to the defaulters for returning the borrowed money and they should give in writing about their decision within a week. Naek sought for two weeks' time saying he has to go abroad, so time should be extended until July 24. The court declined the request and directed the defaulters to inform the court in writing by July 17 about their mode of payment. “Come out with clear-cut answer as we are not in a hurry but give us your final answer,” the CJP told Farooq Naek, adding no response would be accepted after 10 days. “The court will pass an appropriate order after 10 days,” the CJP remarked, adding they must put in their share for saving the country. The chief justice said earlier the government only had money for two months of imports, but now they have money for giving pensions and salaries due to the recently launched amnesty scheme.

Meanwhile, the Supreme Court directed former presidents Pervez Musharraf and Asif Ali Zardari to furnish details of their assets until August 7, with the ruling that they will unveil corruption and nobody would be given immunity.

A three-member bench of the apex court, headed by Justice Saqib Nisar and comprising Justice Umer Ata Bandyal and Justice Ijazul Ahsen, resumed hearing in a petition filed by the president of Lawyers Foundation for Justice, Advocate Feroz Shah Gilani, for the recovery of losses Pakistan incurred after the promulgation of the NRO.

The petitioner had prayed the apex court to issue orders to recover huge amounts of public money allegedly misappropriated and wasted by the respondents, including Pervez Musharraf, former attorney general Malik Qayyum and former president Asif Ali Zardari through unlawful means which is “already on record in different judgments of the Supreme Court and high court”. On Wednesday, the court directed that all the respondents in the case should declare their properties held abroad, foreign accounts and offshore companies in affidavits submitted to the court.

Justice Saqib Nisar said they will unveil corruption and nobody would be given immunity. The chief justice observed that a large number of people are benefiting from the ongoing amnesty scheme, and asked the counsels for the respondents to convince their clients to benefit from it. Farooq H Naek, representing Asif Zardari, contended that the amnesty scheme is not applicable to politicians. In his reply, Zardari submitted that he had no role in the promulgation of NRO, saying at the time of its promulgation he was in jail. Malik Qayyum and the Federal Investigation Agency also submitted their replies to the court. The counsel for Musharraf told the court that his client will submit the reply, at which the court also directed him to submit details of his assets within two weeks, and adjourned the hearing until August 7.