Failure to implement court order on KCR: Sindh CM Murad Ali Shah requests SC to discharge contempt notice issued to him

ISLAMABAD: Sindh Chief Minister Syed Murad Ali Shah on Friday requested the Supreme Court to discharge the contempt of court notice issued to him in the interest of justice. In pursuance of the court’s order issued on December 11, 2020, the chief minister submitted his reply in the Supreme Court and requested the apex court to discharge the contempt notice in the interest of justice.

A three-member bench of the apex court, headed by Chief Justice Gulzar Ahmed on December 11, while hearing a suo motu case relating to the colossal losses incurred by the Pakistan Railways (PR) as well as revival of Karachi Circular Railway (KCR) project, had issued contempt notice to Chief Minister Sindh Murad Ali Shah over his failure as chief executive to implement its order in letter and spirit, approving the design of development work for the Karachi Circular Railway (KCR) project. The court had directed him to submit his reply in three weeks.

On Friday, the chief minister Sindh, while submitting his reply, stated that he has great respect and regard for the entire judiciary and that he cannot imagine disobedience of any order of the apex court. From the narration of the facts stated by the answering respondent, which are supported by the documentary evidence, the undersigned has already complied with the orders/directives of this Hon’ble Court in letter and spirit and that further undertakes to comply with the court orders, Murad Ali Shah submitted. He informed the court that the Government of Sindh continued to work relentlessly to bring this most important project for the city of Karachi to fruition, however, the federal government seemed to have lost interest in the project.

He contended that all the formalities and and procedures for CPEC were followed and the Framework Agreement was sent to the federal government on 6th November 2017 for approval of the federal cabinet and onward transmission to the Government of China.

The EAD was requested on 9th November 2017 to forward the application seeking loan on concessional terms from the relevant Chinese authorities. The Finance Division was also requested to issue Sovereign Guarantee for the KCR on 9th November 2017, the CM Sindh stated.

He, however, submitted that no follow-up was done by the federal government, which seemed to have lost interest in this project of national importance and a dire requirement for the residents of Karachi and instead put all their focus on the ML-1 railway project, which led to literally no progress in the year 2018 on the project.

He submitted that with the change of government after the general elections held in July 2018, he was once again elected as chief minister by the Provincial Assembly of Sindh in August 2018.

“I wrote to the prime minister of Pakistan on 3rd October 2018, seeking support for this important and vital project for the city of Karachi and I requested the prime minister that the KCR project was already approved by the JCC for implementation and despite that the federal government wanted to discuss it in the Transport JWG, which was a subordinate body of the JCC. However, no support was received from the federal government and the matter was discussed in the Transport JWG held in October 2018,” Murad Ali Shah submitted.

The chief minister Sindh stated that the Pakistan Railways was not sure about the design parameters for the overhead bridges and the underpasses, and in order for these structures to serve the modernized KCR, they wanted the final design to be prepared by a consultant being hired to prepare the PPP proposal.

“It is feared that if the overhead bridges and underpasses are constructed based on the preliminary design parameters, they may have to be reconstructed to cater to the final design for the modernized KCR,” Murad Ali Shah informed the court.

He further submitted that the design parameters for the overhead bridges and underpasses are given by the Pakistan Railways and the design prepared by FWO. The Government of Sindh is just playing the role of an intermediary and it may be in the fitness of things if direct agreement is entered into by the Pakistan Railways with FWO, the CM contended He said as these structures are to be operated by the PR, Pakistan Railways does not allow the Government of Sindh to even get a simple structure like a level railway crossing (phatak) constructed on its track.