SC extends stay, seeks reply from KP govt
TERENCE J SIGAMONY
ISLAMABAD: The Supreme Court on Tuesday extending stay against the Peshawar High Court (PHC) impugned judgment, sought reply from the Khyber-Pakhtunkhwa government about completion of the Bus Rapid Transit (BRT) Project.
A two-judge bench, headed by Justice Umar Ata Bandial, heard an appeal of the KP government. A bench of the high court, headed by Chief Justice Waqar Ahmad Seth, in November, 2019, had directed the Federal Investigation Agency (FIA) authorities to probe the 35 BRT points.
The FIA was also asked to look into various points including total cost of the 27.37 kilometers long road project.
The apex court on February 3, 2020, had granted stay against the PHC impugned judgment, and had stopped FIA from carrying out investigation against the BRT project. It sought the detail of the estimated cost of the project i.e. what was its initial cost and date for completion, and when it would be completed. The petitioner, raised objections on the appeal of the KP government. Justice Bandial said that the petitioner had objected the appeal, adding, the provincial government could escape from those objections, therefore have to file a reply. The counsel, representing the petitioner, said contractors first built some portion and then destroyed it.
He said therefore after two years, still the KP government could not complete the project.
Justice Bandial remarked that it is like taking one step forward and two steps backward.
He said that the provincial government is the custodian of public funds, adding, if it would waste public money, then the court would take notice of it, and question the authorities.
Justice Bandial inquired from the KP government’s counsel when the BRT project would be operational.
The counsel replied that completion date of project is 31st July, 2020; however, the contractor has not given completion date.
He informed that due to coronavirus, the work on project was stopped for 25 days.
The case was adjourned for indefinite period.
KPK chief secretary, secretary Local Government and Rural Development and secretary Transport Department in December, 2019, had jointly filed an appeal under Article 185(3) of the Constitution against Fazli Karim Khan and others, DG Peshawar Development Authority and the project director BRT.
The appellants alleged that the respondent number 1, Fazli Karim Khan, filed writ petition before the Peshawar High Court (PHC) wherein he challenged the construction and erection of Station 31 of ongoing BRT project on the ground that has blocked his house gate and devalued the property and has sought its removal.
The PHC, while accepting the writ petition without adverting to the relief asked for by the respondent number 1, formulated 35 points in the shape of questions, and directed the FIA for investigation and inquiry in disregard of the law.
