Pakistan needs jobs, not loans: CJP

ISLAMABAD: Chief Justice of Pakistan (CJP) Umer Ata Bandial remarked on Monday that Pakistan did not need big loans but employment opportunities for its people, and the court would not be impressed by the talk of projects worth billions of dollars.

As the head of a three-member bench of the Supreme Court (SC), he was hearing a case regarding the lease of Railway Golf Club. Other members of the bench were Justice Ijazul Ahsen and Justice Jamal Khan Mandokhel.

During the hearing, the railways secretary told the court that Mainline-I (ML-I) is a $9.8 billion project that had been approved by the Executive Committee of the National Economic Council (Ecnec), adding that millions of rupees were required for the project.

Irked by the remark, the CJ expressed his displeasure with the secretary on the issue of taking loans. He said that the court would not allow anyone to talk about projects worth billions of rupees. The CJP remarked that borrowing had become a sensitive issue in the country. The chief justice added that “everyone talks about borrowing billions of dollars to start projects,” further questioning the progress being made on the infrastructure worth billions of dollars already in the country.

“The court is no longer impressed by the talk of billions of rupees,” added Justice Bandial. He remarked that he travelled to Sindh during holidays and said that even today railway tracks are surrounded by floodwater.

The CJP then quoted a supplement published by The Economist on the infrastructure of Pakistan and said that the country needs performance and efficiency, not luxurious comforts. “Railways is the lifeline of Pakistan. Improvement in the railway system will be a great service to the common man,” he maintained, adding that encroachments around railway lines were increasing.

“If institutions do not protect their lands, there will be encroachments,” he added. In his remarks, Justice Ijazul Ahsan asked the railways secretary how much profit the ministry was earning annually.

The secretary told the court that the annual profit target of railways for five years was Rs58 billion, adding that railways earned Rs62 billion in the year 2022. He informed the court that during the last year’s floods, Pakistan Railways suffered a loss of Rs628 billion and said that railways itself restored the tracks after the floods without taking “a single penny from the government”.

“Road construction in the country has gained more importance and railways have been pushed back,” said the secretary. The bench sought a comprehensive plan for restoration of railways system as well as making it a profitable institution of the country.

The court directed the secretary to submit within two weeks a report outlining a comprehensive plan for making Pakistan Railways a profitable organisation of the country besides submitting a report pertaining to lease of railways land. The court directed the railways secretary that the report should contain all details pertaining to lease of railways land as well future planning for betterment of the organisation.

CJP Umer Ata Bandial observed that the railways land was engulfed by heavy encroachments while houses of people were situated at a distance of 15 feet of railway line. People used to sit on railways line the whole day as there is no obstacle from the authorities concerned,” the CJP remarked, adding that two people lost their lives when a rickshaw came in sway of train at Lahore-Khanewal section.

It was not an incident of terrorism, but negligence and mismanagement on the part of the organisation,” the CJP remarked and asked the secretary why railway lines were not being protected like motorways.

Additional Attorney General Aamir Rehman submitted that in the year 2021, the apex court, in its detailed judgment, had barred the organisation from selling or leasing out the railway land. He told the court that due to the court judgment, the process of lease of Railways Gold Club had been halted.

The chief justice, however, asked the law officer that railways should provide the court complete business plan, then it would examine it, adding they could not grant a licence for selling and leasing out the railway land.

Justice Jamal Khan Mandokhel, another member of the bench, observed that in Quetta, the residential quarters of railways had been sold out. The secretary railways submitted before the court that they want to make the land commercial, which were not in use of the railways.

The CJ asked the secretary as to why the organisation did not seek permission from the federal government in this regard when the organisation was facing financial losses. “There is a burden of pensions of the employees on the organisation as well,” the CJP added.

Justice Ijazul Ahsen observed that an effort was made to make residential colony on railways land, but the court, after intervening in the matter, restrained the organisation from doing so. The judge observed that the whole process of railways land should be transparent adding that the process of leasing its land should be made through Auditor General of Pakistan.

The additional attorney general contended that the basic reason for the problems facing the organisation was litigation, as people get stay orders from the civil courts. Justice Ijazul Ahsen asked the law officer to submit a report containing proposals for leasing out the railways land.

The court asked the secretary about the sources of income of the organisation. Justice Ijazul Ahsen observed that the government pay Rs40 billion to railways for payment of pensions, adding that even Pakistan Steel Mills and Pakistan International Airlines (PIA) also get billions of rupees from the government.

“The passage of railways is disconnected from Quetta; therefore, ask the Chinese brothers how to tackle the floodwater and to clear the railway lines of water,” the CJP told secretary.

The chief justice observed that railways was Pakistan’s lifeline, hence in order to streamline the railways system and to put it on the path to progress, one could offer great service as well.

“When the same railways system is functional in the neighbouring country, then why not in Pakistan,” the CJP remarked, adding that in Pakistan at whatever speed railway runs after all it reaches its destination as well. Later, the court adjourned further hearing until January 23.