IN THE SUPREME COURT OF PAKISTAN (ORIGINAL JURISDICTION)
PRESENT:
Mr. Justice Mian Shakirullah Jan
Mr. Justice Raja Fayyaz Ahmed
Mr. Justice Jawwad S. Khawaja
Constitution Petitions No.2, 3 & 4 of 2010
Nadeem Ahmed Advocate (in Const.P.2/2010)
Khadim Nadeem Malik (in Const.P.3/2010)
Watan Party,etc. (in Const.P.4/2010)………….….Petitioner (s)
Versus: Federation of Pakistan etc.
…Respondents in all petitions
For the petitioner(s): Nemo, For the respondents: Nemo
On Court’s call: Qazi Sajid Mehmood, Additional Registrar
Date of hearing: 13.02.2010
ORDER
Today two notifications, one relating to the appointment of Mr. Justice Khawaja Muhammad Sharif, Chief Justice of the Lahore High Court as a Judge of the Supreme Court and the other with regard to the appointment of Mr. Justice Mian Saqib Nisar, Senior Puisne Judge of the Lahore High Court as Acting Chief Justice of that Court have been issued by the Government of Pakistan, Law, Justice and Parliamentary Affairs Division under the Signatures of Malik Hakam Khan, Draftsman/Additional Secretary.
The said notifications read as under: -
“No.F.2(1)/2010-A.II.- In exercise of the powers conferred by Article 177 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to appoint Mr. Justice Khawaja Muhammad Sharif, Chief Justice of Lahore High Court as Judge of the Supreme Court of Pakistan with immediate effect. “No.F.1(2)/2009-A.II.- In exercise of the powers conferred by Article 196 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to appoint Mr. Justice Mian Saqib Nisar, Judge, Lahore High Court as Acting Chief Justice of the said High Court with effect from the date of the notification of the appointment of Mr. Justice Khawaja Muhammad Sharif, Chief Justice of Lahore High Court as Judge of the Supreme Court of Pakistan.”
2. The Additional Registrar, who appeared on Court’s call, informed the Court that news was telecast in the electronic media regarding the aforesaid notifications and it was also in the news that Mr. Justice Mian Saqib Nisar would be administered oath by tomorrow morning (Sunday), which necessitated the hearing of this case as an urgent one and this Bench was constituted.
Since it was an important matter, the Additional Registrar was directed to issue notice to the learned Attorney General including through telephone and we retired for a while until we were informed about theservice of the notice upon the learned Attorney General.
After some time we were informed by the Court Associate that the Additional Registrar, after informing the learned Attorney General through telephone about the hearing of the case had come to the Court, so we re-assembled.
3. The Additional Registrar, in his report stated that he informed the learned Attorney General for Pakistan through telephone who told him (Additional Registrar) that he was in Karachi at the moment and that the last scheduled flight from Karachi to Islamabad had already departed at 7:00 p.m., he expressed his inability to appear before the Court.
Since the matter was of urgent nature, as stated earlier, steps would be required to be taken by the Governor of the Punjab to administer oath to Mr. Justice Mian Saqib Nisar as Acting Chief Justice of the Lahore High Court by tomorrow morning,hearing could not be postponed without passing an appropriate interim order.
4. Article 177 of the Constitution of Islamic Republic of Pakistan provides that a Judge of the Supreme Court shall be appointed by the President after consultation with the Chief Justice of Pakistan.
The Additional Registrar stated that according to the record of this Court no consultation had taken place by the President with the Hon’ble Chief Justice of Pakistan regarding the appointment of Mr. Justice Khawaja Muhammad Sharif, Chief Justice of the Lahore High Court as Judge of the Supreme Court.
In the light of the statement of Additional Registrar and also the note submitted by him and placed on the file of Constitution Petitions No.2,3 and 4 of 2010 relating to the same/almost the same matter, already pending before this Court in which
notices had been issued and a larger Bench constituted for 18-2-2010, the notification of the appointment of Mr. Justice Khawaja Muhammad Sharif as a Judge of the Supreme Court, prima facie, appears to have been issued in violation of the provisions of the Constitution, particularly, Article 177, hence the same is suspended subject to notice to the Federation of Pakistan through
Secretary, Law, Justice and Parliamentary Affairs Division, the Attorney General for Pakistan and the learned Advocate General Punjab.
Mr. Justice Khawaja Muhammad Sharif shall continue to perform his duties as Chief Justice of the Lahore High Court until further orders of this Court. No steps to administer oath to him will be taken.
5. In view of the suspension of notification No.F.2(1)2010-A.II. dated 13.2.2010 regarding the appointment of Mr. Justice Khawaja Muhammad Sharif as a Judge of the Supreme Court, the office of Chief Justice of Lahore High Court will not fall vacant, therefore, the second notification No.F.1(2)/2009-A.II of even date regarding the appointment of Mr. Justice Mian Saqib Nisar as Acting Chief Justice of the Lahore High Court cannot be acted upon.Therefore, the same too is suspended.
In consequence, Mr. Justice Mian Saqib Nisar will also continue to perform his duties as a Judge of the Lahore High Court until further orders. Resultantly, no steps including administering of oath to Mr. Justice Mian Saqib Nisar as Acting Chief Justice of Lahore High Court shall be taken by the concerned functionaries.
6. The Draftsman/Additional Secretary, Ministry of Law, Justice and Parliamentary Affairs, under whose signatures the aforesaid notifications have been issued, is directed to appear in Court on 18.02.2010, the date already fixed in the titled cases. The Registrar of the Lahore High Court shall also appear on the said date.
Judge………………., Judge…………….., Judge……………….
Islamabad, the 13th February, 2010
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Treatment Plant-II Land Scam-CDGK Utilized TP-II land illegally
A 115-acre plot in Mehmoodabad, which the City District Government Karachi (CDGK) has utilized for the resettlement of the affectees of Lines Area, legally belongs to the Karachi Water and Sewerage Board (KWSB), allocated for the expansion of Treatment Plant II (TP-II).
The plot is being used for the TP-II, it is also being used as a storage ground for goods impounded in anti-encroachment drives. In the past some parties have tried many times to utilize some of the TP-II land but were not allowed to expand the graveyard or construct a park or any other facility. However, now the CDGK is merrily violating all the rules and regulations by using the land as an alternate accommodation for the affected people of Lines Area, the CDGK Works and Services Department demarcated a total of 1,264 plots on the 50-acre empty portion of TP-II and allowed the encroachers to occupy the KWSB land, reserved for the treatment plant.
Earlier, Mr. Ghani, an opposition leader in CDGK House on a point of order, had attempted to raise the issue on the city council floor but the City Naib Nazim Nasreen Jalil and a couple of other treasury members had barred him from doing so. He even tried to read out a letter (No DO-I/Z-II/W&S/CDGK/08/165) issued by the CDGK Works and Services Department District Officer Shakoor Pathan, requesting the KWSB managing director to allow the demarcation of plots and other proposed facilities.
Now the current status of the land is that, KWSB is planning to expand TP-II under S-III Project but sufficient land is not available to properly design the plant in an affordable cost. In fact KPT had taken up the S-III Project and contributing towards S-III by proposing a plant (60 mgd Capacity) at Mai kolachi but that piece of land is also under litigation. If, in case that proposal is not materialized, KWSB has no other option but to divert all flows to TP-II and enhanced its existing capacity. But this is not possible in the present scenario as a large piece of land has been encroached upon by the affetees of Lines area project. Since the site is the best suited place for the treatment facility, it should not be used for any other purpose other than its specified use.
Once again, we as concerned citizens of Karachi, request to the Chief Justice of Pakistan to gather all the facts, which have not been stated by the concerned authorities, and order an immediate inquiry to restore the original status of the land. In the past SC has made many historic verdicts and did not compromise on the doctrine of necessacity. The attorney General who has been assigned this task to implement the S-III project is hereby also requested to look into the issue and clear all ambiguities before the honorable court and provide them actual facts of the case. This is in the best interest of all.
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Pumps worth 5.5 million rupees procured for Rs30m
Friday, November 26, 2010
By Qadeer Tanoli
Karachi
There has been a gross violation of rules and regulations in the bid to renovate and reconstruct the Clifton sewage pumping station which was destroyed in the November 11 CID centre bomb blast. The News has learnt that the Karachi Water and Sewerage Board (KWSB) has awarded a multi-million rupee contract for the provision of pumps to a relatively unknown company.
Sources informed this correspondent that Rs 30 million were awarded in advance to a local pumps manufacturing firm for four motor pumps to make the facility operational again. According to sources, the pumps that have been procured are not worth more than Rs 5.5 million.
The pumping station was badly damaged in the blast and it had stopped pumping sewage from important areas like Saddar, Clifton, Urdu Bazar, II Chundrigar Road, Bath Island and red-zone areas like the Governor House, Chief Minster House, Sindh Assembly, Sindh Secretariat, Pakistan Secretariat, several five star hotels and the State Guest House. Within a day of the blast, many VIP areas of the centre of Karachi were flooded with sewage.
The pumping station had the capacity to treat 20 to 21 million gallons per day (MGD) of sewage. It had six motors which could handle sewage at the speed of 10,000 gallon per minute (GPM).
After processing the sewage, the treated waste was transferred to Treatment Plant (TP)-2 which is situated in Mehmoodabad.
The bomb blast caused massive damage to the pumps, its lines and also destroyed the KESC supply line to the pumping station.
Keeping in view its importance, the Government of Sindh, on the request of the KWSB Managing Director, released Rs 30 million to the water utility to reconstruct the facility on an emergency basis.
While exercising Para 58, the management of KWSB, without seeking tenders from other pump manufacturing companies, awarded the contract for the provision of pumps to Mehraj Limited, located in the Korangi Industrial Area. Under the emergency clause of the Sindh Public Procurement Authority Rules, 2010, the organization was bound to invite quotations from three pump manufacturing companies for the provision of pumps.
However, instead of asking other companies, the KWSB management obliged just a single company and paid an amount of Rs30 million to it in advance.
According to sources, a 100 per cent advance payment to any manufacturer is also in violation of rules and regulations.
The company provided three pumps of six-inch diameter and one pump of 12 inches diameter (suction and disposal lines temporary PVC made) to KWSB. According to sources, the company which is basically known for manufacturing water bowsers, fire fighting equipment, fire tenders, snorkels etc used Cummins China engines for the manufacture of the pumps. The well-known Cummins engines company is actually UK-based and its products are also available in Pakistan. The Chinese company, on the other hand, started manufacturing just a year ago.
The destroyed sewage pumping station was set up more than three decades ago by the Karachi Development Authority (KDA) at a cost of Rs1 billion which was loaned by the Asian Development Bank (ADB). The station was part of the Greater Karachi Sewerage Scheme No2, which is commonly known as S-2. After developing the pumping station, the KDA handed it over to the defunct Karachi Metropolitan Corporation (KMC). It was handed over to KWSB in 1982, after its emergence as a utility.
This correspondent made numerous attempts to contact the MD KWSB to get his version of the story but he was inaccessible.
Pumps worth 5.5 million rupees procured for Rs30m
There has been a gross violation of rules and regulations in the bid to renovate and reconstruct the Clifton sewage pumping station which was destroyed in the November 11 CID centre bomb blast. The News has learnt that the Karachi Water and Sewerage Board (KWSB) has awarded a multi-million rupee contract for the provision of pumps to a relatively unknown company.
Sources informed this correspondent that Rs 30 million were awarded in advance to a local pumps manufacturing firm for four motor pumps to make the facility operational again. According to sources, the pumps that have been procured are not worth more than Rs 5.5 million.
The pumping station was badly damaged in the blast and it had stopped pumping sewage from important areas like Saddar, Clifton, Urdu Bazar, II Chundrigar Road, Bath Island and red-zone areas like the Governor House, Chief Minster House, Sindh Assembly, Sindh Secretariat, Pakistan Secretariat, several five star hotels and the State Guest House. Within a day of the blast, many VIP areas of the centre of Karachi were flooded with sewage.
The pumping station had the capacity to treat 20 to 21 million gallons per day (MGD) of sewage. It had six motors which could handle sewage at the speed of 10,000 gallon per minute (GPM).
After processing the sewage, the treated waste was transferred to Treatment Plant (TP)-2 which is situated in Mehmoodabad.
The bomb blast caused massive damage to the pumps, its lines and also destroyed the KESC supply line to the pumping station.
Keeping in view its importance, the Government of Sindh, on the request of the KWSB Managing Director, released Rs 30 million to the water utility to reconstruct the facility on an emergency basis.
While exercising Para 58, the management of KWSB, without seeking tenders from other pump manufacturing companies, awarded the contract for the provision of pumps to Mehraj Limited, located in the Korangi Industrial Area. Under the emergency clause of the Sindh Public Procurement Authority Rules, 2010, the organization was bound to invite quotations from three pump manufacturing companies for the provision of pumps.
However, instead of asking other companies, the KWSB management obliged just a single company and paid an amount of Rs30 million to it in advance.
According to sources, a 100 per cent advance payment to any manufacturer is also in violation of rules and regulations.
The company provided three pumps of six-inch diameter and one pump of 12 inches diameter (suction and disposal lines temporary PVC made) to KWSB. According to sources, the company which is basically known for manufacturing water bowsers, fire fighting equipment, fire tenders, snorkels etc used Cummins China engines for the manufacture of the pumps. The well-known Cummins engines company is actually UK-based and its products are also available in Pakistan. The Chinese company, on the other hand, started manufacturing just a year ago.
The destroyed sewage pumping station was set up more than three decades ago by the Karachi Development Authority (KDA) at a cost of Rs1 billion which was loaned by the Asian Development Bank (ADB). The station was part of the Greater Karachi Sewerage Scheme No2, which is commonly known as S-2. After developing the pumping station, the KDA handed it over to the defunct Karachi Metropolitan Corporation (KMC). It was handed over to KWSB in 1982, after its emergence as a utility.
This correspondent made numerous attempts to contact the MD KWSB to get his version of the story but he was inaccessible.
Much has been heard and written about the S-III Project, designed to cater all sewerage being generated within the Karachi Limits. The credit must goes to the Supreme Court , who took interest in removing all bottlenecks in implementing this much needed project and extend its support to resolve all outstanding issues related to the project. The SC is regularly hearing the case to reduce marine pollution, the case was in fact filed in 1996 and now SC has appointed additional attorney general; of Pakistan to prepare and submit progress reports on regular basis. During the hearing of the said case, it was disclosed by the KWSB that its land originally earmarked as 450 acres in Korangi, near Pakistan Refinery, has been distributed among several societies like aero club, Ishratul ul Ibad trust and civil servants society, industrial park ans so on and so forth to develop the area for use other than the prescibed use of the land. When the matter brought to the knowledge of SC, it took it as exception and directed the concerned authorities specifically Board of Revenue, Sindh to cancel all such leases and initiate legal proceedings against all those involved in issuing such leases and after cancellation all the land should be handed over to KWSB with immediate effect so that the project could be implemented in true spirit and according to the original design. The directives were very loud and clear but as usual bureaucracy played its due role by twisting the decision in their own interest. Instead of re-allocating 450 acres of land to kWSB they manipulated the directives by allotting only 300 acres to KWSB and saving 150 acres, worth billion of Rupees, for their favourites. the land is much needed for the Karachites to install treatment facilities for the next generations. In future it would not be technically feasible to extend the facilities in any other area, it has to be extended at the same location.
On one hand government officials succeeded in saving 150 acres of precious land reserved for the treatment plant and on the other hand no action was proposed for the culprits who made an attempt to grab the land through unconstitutional means. What a contrast and boldness before the summit court of the land. When investigated it was disclosed that the then MD of KWS, Iftikhar Ahmed, Brig (R) gave a written assurance to the Government officials that KWSB might need only 150 acres of land in future for the development of treatment facilities, which is also not on record in KWSB and no technical member of KWSB team was taken into confidence for this important issue. By law MD has no right or auhtority to withdraw the legal rights of KWSB and again instead of taking action against the then MD. plea has been taken to take away 150 acres of land from KWSB.
We as NGOs of Karachi have full faith in our judiciary and since the matter is subjudiced , SC can order to recover the remaining 150 acres from the clutches of land mafia. Attorney general of Pakistan is requested to thoroughly investigate the issue purely on technical grounds, case merit and implement the courts orders in letter and spirit, it would be a great service to this and coming generations of Karachi.