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Pakistan SC's judgment against the PM

Pakistan SC's judgment against the PM

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Published by barandbench
The judgment related to allegations of corruption against Pakistan PM when he was a Minister
The judgment related to allegations of corruption against Pakistan PM when he was a Minister

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Categories:Business/Law
Published by: barandbench on Jan 18, 2013
Copyright:Attribution Non-commercial

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01/18/2013

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IN THE SUPREME COURT OF PAKISTAN
 [Original Jurisdiction]
PRESENT:
 
MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, CJMR. JUSTICE KHILJI ARIF HUSSAINHUMAN RIGHTS CASE NO.7734-G/2009 & 1003-G/2010
 [Alleged Corruption in Rental Power Plants]
HUMAN RIGHTS CASE NO. 56712/2010
 [Fraud in payment of Rental Power Plantsdetected by NEPRA]Applicants in person: Makhdoom Syed Faisal Saleh Hayat,Federal Minister for Housing and WorksKhawaja Muhammad Asif, MNA assisted byM/s Mustafa Ramday and Syed Ali ShahGilani, AdvocatesAmicus Curiae: Mr. M. Anwar Kamal, Sr. ASC
On Court Notice:
 For NEPRA: Syed Najmul Hassan Kazmi, Sr. ASCMr. M. S. Khattak, AORSyed Safeer Hussain, RegistrarSyed Insaf Ahmad, DGFor PEPCO/GENCOs/ Kh. Ahmed Tariq Rahim, Sr. ASCWAPDA & M/o W & P: Mr. Abbas Mirza, ASCMr. Moazzam Ali Rizvi, ASCSyed Zafar Abbas Naqvi, AORMr. Arshad Ali Ch. AOR assisted byMr. Ijaz A. Babar, Finance Director, PEPCOBarrister Asghar Khan, SML, PPIBMr. Hamid Ali Khan, Addl. Secy. M/o W&PMr. Masood Akhtar, GM NPCCMr. Mansoor Ali Khan, CE, WPPORana Muhammad Amjad, GM, WPPORana Asif Saeed, Chief Legal AdvisorMr. Salman Iqbal, Executive Directed (Legal)Mr. Abdul Jabbar Memon, CRRO, WAPDA, KHIMr. Anisuddin Alvi, DD, CRROMr. Razi Abbas, former CFOMr. Abdul Jabbar Shaikh, DM, LPGCL
 
HRC 7734-G/09[RPPs case]
 
2
Mr. Faizullah Dahri, FD, LPGCLMr. Muhammad Anwar Brohi, CEO, LPGCLMr. Sultan Muhammad Zafar, CEO, GENCO-IIIFor Raja Pervez Ashraf Mr. Wasim Sajjad, Sr. ASCFormer Minister W&P: Mr. M. S. Khattak, AOR assisted byMr. Idrees Ashraf, AdvocatesFor Karkey : Mr. Muhammad Akram Sheikh, Sr. ASCMr. Azid Nafees, ASC assisted bySyed Ahmad Hassan Shah, Ms. NataliaKamal and Sajeel Shehryar, AdvocatesFor Gulf & Sialkot Syed Ali Zafar, ASCPower: Raja Zafar Khaliq, ASCRaja Abdul Ghafoor, AORFor Techno Sahuwal Raja M. Anwar-ul-Haq, ASC& Techno E Services:For Walters Power: Mr. Shahid Hamid, Sr. ASCMr. M. S. Khattak, AORFor Pakistan Power: Dr. Parvez Hassan, Sr. ASCMr. M. S. Khattak, AORFor Reshma Power Mr. Abdul Hafeez Pirzada, Sr. ASC& Kamoki Energy: Mr. Sikandar Bashir Mohmand, ASCMr. Mehmood A. Sheikh, AOR assisted byM/s Hameed Ahmed and Mustafa AftabSherpao, Advocates.For Young Gen Power: Sh. Zamir Hussain, Sr. ASCFor M/o Finance: Mr. Muhammad Iqbal Awan, Addl. SecyFor FBR Mr. Salman Siddique, Chairman FBRDates of hearing: 26-28 & 31 October, 1-4, 14-17 & 21-24November and 12-14 December, 2011
J U D G M E N TIFTIKHAR MUHAMMAD CHAUDHRY, CJ –
TheConstitution of the Islamic Republic of Pakistan mandates that Stateshall exercise its powers and authority through chosen representativesof the people. A democratic order in place, through the representativesof people, being the members of Parliament, obligates the elected
 
HRC 7734-G/09[RPPs case]
 
3
representatives to fulfill their commitments bestowed upon them underthe Constitution, and in their representative capacity, they are boundto perform their functions honestly, to the best of their ability,faithfully, in accordance with the Constitution and the law as well asthe Rules of the Assembly, and always in the interest of sovereignty,integrity, solidarity, well being and prosperity of Pakistan. Such abinding force of the Constitution commands them to ensure well beingand prosperity of Pakistan, so whenever they feel threat to the wellbeing of the people of Pakistan for any reason, they are bound topreserve the same.2. Makhdoom Syed Faisal Saleh Hayat, one of theParliamentarians of PML(Q) and its parliamentary leader in theNational Assembly, now holding the office of Federal Minister forHousing & Works, through a press statement published in Daily “Nation” dated 8.9.2009, urged this Court to take action in respect of Rental Power Projects (RPPs) which, according to him, was justanother name of corruption. He said that he had raised the issue of corruption in the award of RPPs before every forum, including theNational Assembly of Pakistan, but his voice was not attended to,therefore, he had approached the Supreme Court for initiating
su
 
motu 
proceedings against all those who were involved in this massivescam of US$ 5 billion, which was being skimmed from the pockets of innocent people of this country. Makhdoom Syed Faisal Hayat wasasked to furnish evidence in support of allegations for furtherexamination of the matter. He submitted a detailed application dated26.9.2009, wherein reiterating the allegations of corruption, he reliedupon certain documents of the PEPCO, GENCOs, WAPDA and Ministryof Water & Power to prove his assertions. Thereafter, para-wise

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