SC rages against Sindh, Punjab

LAHORE/RAWALPINDI: The Supreme Court judges on Saturday expressed their anger at the Sindh and Punjab provincial governments. Justice Gulzar Ahmad, while hearing a case about transfer of public land to private companies, remarked that big dacoits are occupying seats in the Sindh Revenue Department.

On the other hand, Chief Justice Mian Saqib Nisar, while hearing various cases, mostly suo motu notices, termed the Punjab government performance as worse. He took suo motu notice of Rs60 million alleged corruption in the Pakistan Railways and sought personal appearance of Railways Minister Khwaja Saad Rafique as well as Secretary Railways along with audit reports to explain such massive losses on April 12. The CJP also ordered the secretary and members of the Railways Board to appear before the court at the next hearing with audit reports that could explain the causes that resulted in massive losses.

The CJP issued the order while taking suo motu notice on deteriorating performance of Pakistan Railways while hearing a case related to poor condition of public hospitals and other issues of the health sector at the Supreme Court Lahore registry. Justice Ijazul Ahsan was the other member of the bench.

During the hearing, Justice Nisar showered praises on Indian politician Lalu Prasad Yadav, saying though Yadav is not well educated, he had turned Indian Railways into a profitable organisation while he was a railway minister. “Look at Lalu Prashad Yadav who saved the Indian Railways,” the CJP remarked while addressing Khwaja Salman Rafique, the younger brother of Railways’ minister Khwaja Saad Rafique. “He was illiterate and his theory of uplifting Indian Railways is now being taught at the Harvard University,” the CJP remarked.

The CJP asked who was representing the Railways, to which a Railways’ chief executive officer came to the rostrum and said the federal government is paying around Rs60 billion subsidy to the railways to meet its losses. At this, the CJP expressed serious concern, and ordered Railways Minister Khwaja Saad Rafique, Secretary and other members of the railways’ board to appear in person. He regretted that the Pakistan Railways is portrayed as a profitable organisation at political rallies, but “the reality of the railways is different”. “This is not a kingdom where anyone can go around doing whatever they feel like,” he added.

Health Minister Khwaja Salman Rafique, however, pleaded with the court for support to improve the performance of his ministry.During the hearing, the minister said: “He is son of a loyal father.” To it, the CJP said he was a big name and he never wished for what was taking place now.

He said the government needed the support and guidance of the court. At this, the CJP remarked: “Should they visit the Services Hospital to see what is happening there?” The minister replied in affirmative, saying they are ready to join him.

The CJP came down hard on the poor conditions of hospitals, observing that: “what has been done for the health sector during the last ten years?” He also took notice of appointment of Dr Zafar Hussain Tanvir as vice chancellor of Nishter Medical University, Multan, who, he pointed out, did not have a valid PhD degree.

The CJP directed Punjab Health Secretary Najam Shah to come up with detailed reply about his appointment and profile, with directives to Punjab Chief Secretary Zahid Saeed to submit record of all search committees formed to appoint heads of the universities in the province.

The bench also asked the Punjab Healthcare Commission about action against quacks in the province. He also showed the health minister a picture on his mobile phone wherein a man was operating a woman at his home in darkness. “Quacks are killing people and you are here claiming about your performance,” the CJP snubbed the minister after showing him the picture. The CJP expressed dismay over the failure of the Health Department for not establishing new hospitals and not improving the functioning of the old ones.

“Why are you claiming now that you are doing work?” the CJP remarked, adding that “Just because we have taken notice.” Justice Ijazul Ahsan remarked: “The government was in deep slumber till the SC took notice.”

The Chief Justice, Mian Saqib Nisar has given one-day time to Punjab Saaf Pani Company Chief Executive Officer (CEO) and Punjab government to furnish complete record including the salaries, perks and privileges of the entire staff and the vehicles provided to them to perform their duties.

The CJP expressed serious concerns over the high salary packages of the company’s officials and the money being paid to the foreign consultants for water projects. “Who are these consultants?” the CJP asked company’s CEO Muhammad Usman, adding that “Have we lost the talent to perform our duties that we have hired foreign consultants for the provision of water? “Though, it is a policy matter, such schemes were abandoned in the past,” the CJP remarked while hearing a suo motu notice about the project at the Supreme Court Lahore registry. Justice Ijazul Ahsan was the other member of the bench.

“I want details of salaries, perks and privileges of all officials of the company from sweeper to the CEO,” the top judge remarked. The CJP gave one-day time to the government when Advocate General Punjab Shakilur Rehman Khan pleaded with the bench that they need some time for preparing detailed and comprehensive reports on the company and its performance.

He replied that they had hired foreign consultations for different projects being executed in different parts of the province.

“From where have you hired these consultants?” the CJP asked.

The AG said: “They have been hired from local market and some of them were from Japan and Turkey and the purpose of their job was to do surveys.”

During the proceedings, the CJP also asked the CEO about his salary who said that he was getting Rs1.4 million including all perks and privileges. The court was surprised to know about such a hefty amount being paid to the officer as salary.

“Why the government officers could not work for the company and why the taxpayers’ money is being wasted,” the CJ asked the officer.

The CEO said that there had been two different methodologies: one method for the source of water and the other was about the social mobilisers.

At this, the CJP asked him how much salaries were being paid to the consultants? He replied that there were different packages like Rs250 million and etc. On it, the bench asked him to explain as to how much staff was working under him and what the total expenditures were of the two companies he was looking after.

The CEO said that about Rs47 million was the budget of the both companies including the Punjab Saaf Pani Company and he did not mention the name of the other company.

“Have the Germans been given the contract of the company?” the CJP asked him another question, who said that they were the consultants. At this, he observed that there was need of a tap for supply of a water.

Answering to another query about hiring of mobilizers, he said that they had been hired to motivate the public for land and other relevant things for the supply of clean water.

Meanwhile, Advocate General Punjab came to the rostrum and requested the bench that they needed some time for detailed reply about the company’s entire budget, salaries of the staff and the facilities being enjoyed by the company.

The CJP allowed his request and directed the Punjab government and company’s CEO to come up with comprehensive reply on the subject on Sunday (today).

During the hearing, one Ayesha Bibi, a woman from Multan, appeared before the bench and alleged that she was beaten by the staff of the Multan Cardiology Hospital when she went there for treatment of her mother. She pointed out that the emergency of Multan Cardiology Hospital was not more than the washroom of the top court. Pointing towards the officials of the health department, she said that she approached them for the redress of her grievances, but in vain. At this, the CJP remarked: “Talking against the government is like embracing the death,” the CJP said.

Khwaja Salman Rafique stood again to the rostrum and said that the lady had some other intention; the facts were not like that. The court directed the woman to submit an application and also directed the minister to hold inquiry and submit a report on the issue.

56 public sector companies

While taking up the issue of 56 public sector companies, the chief justice directed the Punjab government to submit detailed report about establishment of the companies on the next hearing.

Advocate General Punjab Shakilur Rehman, however, requested the court to give some time, but the CJP rejected his plea and directed him to come up with a complete report on the companies on the next hearing.

“This is not NAB where you do not present record; it is Supreme Court and come up with the record at any cost,” the CJP remarked.

“Elections are approaching fast and who will be answerable if the government is gone,” he added.

“How many officers were appointed with these companies and what are their salaries?” the top judge asked the chief secretary. The Supreme Court, he observed, would look into these matters. The bench adjourned the hearing until April 14.

Child girl rape case

The Supreme Court also directed Faisalabad Allied Hospital’s Medical Superintendent to conduct autopsy of seven-year old child girl, who was raped and murdered in Jaranwala.

Inspector General Police Arif Nawaz appeared before the court and said that they had been investigating the matter from different aspects and the litigants were satisfied.

The CJP remarked that the satisfaction should be of the state and the court and not of the applicants. The applicant objected to the post-mortem report and expressed dissatisfaction.

The CJP also sought Forensic report along with the investigation report. He directed the MS of the hospital to get permission of the judicial magistrate and hold an autopsy of the child girl.

Journalist murder

A Supreme Court two-judge bench on Saturday ordered the Punjab inspector general of police to ensure within four days the arrest of the culprits involved in the murder of a local journalist of Sambrial.

Earlier, Chief Justice Mian Saqib Nisar came down hard on IGP Arif Nawaz for failing to arrest the allege killers. He observed that the police appeared to be under pressure from some quarters. To a court query, the IGP confirmed that the suspects belonged to ruling PML-N.

The chief justice said he could not express his feelings he had after listening to recording of a last telephone call made by the deceased journalist to district council chairman telling about the threat to his life at the hands of the killer.

The IGP informed the court that names of the suspects had been placed on the exit control list and they would be arrested soon.

The chief justice ordered the IGP to submit a compliance report on the next Saturday.

Zeeshan Butt of a Lahore-based Urdu daily was allegedly shot dead by Begowala union council chairman Imran Aslam Cheema. The other suspects included Shahid Abbas, Saqlain and Shahid.

Hospital waste and sewage water

The Supreme Court disposed of a suo motu case regarding disposal of sewage water without treatment in the light of a report, filed by the court appointed local commission.

The commission, Advocate Ayesha Hamid, told the court that PC-I had been issued for three water treatment plants at Mahmood Booti, Shahdara and Shad Bagh.

However, the court kept pending the matter about hospital waste and installation of incinerators asking the commission and the government to file periodical reports about the progress.

Park outside Dar house restored

Lahore Development Authority (LDA) Director General Zahid Akhtar Zaman told the Supreme Court on Saturday that a park, earlier utilised to build a one-way road outside the Gulberg residence of former finance minister Ishaq Dar, had been restored to its previous condition.

He said the restoration work incurred Rs355,000.

Chief Justice Mian Saqib Nisar directed the Parks and Horticulture Authority (PHA) to ensure beatification of the park and facilities for children of the area there.

The chief justice pointed out that the court had received an application from Mr Dar along with a cheque amounting Rs475,000 as compensation for the restoration of the park. However, he said the minister had not taken responsibility for the construction of the road. The chief justice handed over to the cheque to the LDA DG and disposed of the matter.

Computerisation of Sindh revenue record

The SC Saturday took exception to delay in computerisation of revenue record by the Sindh government and directed advocate general Sindh to submit comprehensive report with regard to computerization of revenue record.

Hearing petitions with regard to restraining order of allotment, mutation of government land by the court, SC two-member bench, headed by Justice Gulzar Ahmed, observed that why computerization of revenue record has not been made despite the court orders. The court observed that it appears that Sindh government does not want to deliver although the government is answerable to the people of the province. The court observed that corruption is rampant in revenue department and as no action has been taken against former revenue officer who despite being government officer afforded marriage ceremony of his children at UK and took participants by hiring two chartered planes to UK. The court observed that country itself has been made as plot which has been sold by someone to someone.

The court took notice over installation of walls at road sides of Shahra-e-Faisal and observed that entire country laughed over the poor administration of the city where huge walls have been erected instead of planting trees and greenery. The court observed that there was no garden at entire Shahra-e-Faisal for citizens instead shopping malls have been constructed in the entire city.

The court observed that it should be cause of concern for the government as where the money comes from for construction of such shopping malls where imported items were being sold out instead of country made items and local labourers were sitting idle and works have been assigned to foreign employees.

Advocate general Sindh submitted that computerization of the revenue record has been almost completed except few dehs record and sought one month time to submit comprehensive report with regard to computerization and construction of revenue record. The court observed that big docoits were sitting in revenue department who were involved in illegal allotment of the revenue records. The court observed that court will vacate its order if the government give its assurance that error free revenue record has been maintained from Karachi to Kashmore, malpractice in revenue record has been eliminated and standard operation procedure has been made for taking action against officer responsible for making forgery in revenue record. The court directed the advocate general Sindh to submit comprehensive report regarding the working of revenue department all over Sindh as well as measures taken by the government for computerization and construction of revenue record. The court directed the law officer to submit details as what efforts were made by the government to redress the grievances of allotees in respect of revenue record. The court directed the details of revenue record shall be submitted to the court and one copy will be kept in safe custody of the court which shall only be made available as and when called by the court.

Encroachment of parks: Supreme Court has directed Karachi Development Authority, Karachi Metropolitan Corporation to remove political offices, encroachment from public parks at Kashmir road and other parts of the city.

Hearing petition of former city Nazim Naimatullah Khan against encroachment of public parks in the city, the court observed inquired advocate general Sindh how many parks have been restored to its original position. The court observed that construction has been made at Kashmir road amenity land and directed the advocate general Sindh to remove construction from the amenity land except tennis court, swimming pool and squash court.The court directed the Sindh government, KDA, KMC to ensure removal of encroachment from all playgrounds and same be made available to the public who may go to these parks without any hindrance.In another matter pertained to encroachment in Sehwan Development Authority, the court directed the deputy commissioner, SDA and others to remove 640 acres encroachment from the SDA and submit compliance report within two weeks. The court directed SSP Jamshoro as well as DG Rangers to provide assistance to the local administration if required for removal of encroachments from the area. Sindh Small Industry Corporation: Supreme Court on Saturday directed advocate general Sindh to submit comprehensive report including list of small industries, its operation and record of its employees maintained by the Sindh small industries corporation.

Hearing human right case pertained to illegal appointments, non-payment of salaries by Sindh small industries corporation, SC two-member bench headed by Justice Gulzar Ahmed inquired advocate general Sindh about the appointment of several employees in the corporation in lack of small industries in several districts. Advocate General Sindh Zamir Ghurmo submitted that outstanding dues of the employees have been cleared and remaining two months salaries will be released to them soon.

The court directed AG Sindh to submit list of small industries along with details of its operation, cost production, employment of labours, collection of revenue as well as funds for corporation being released by the Sindh government.