LAHORE  - Referring to another case of failure of government functionaries, the Transparency International (TI) Pakistan, through a letter, has lodged a complaint with the National Accountability Bureau (NAB) against Ministry of Petroleum and Natural Resources (MoP&NR) and Sui Southern Gas Company Limited (SSGCL) which paid M/s Jamshoro Joint Venture Limited (JJVL) more than Rs 5 billion in September 2014, instead of recovering Rs 22 billion as ordered by Supreme Court on December 22, 2013.
The apex court, in its judgment announced on 12th December, 2013 in the constitutional petition No.5 of 2011 filed by Khawaja Muhammad Asif (present minister of water & power), had ordered to recover Rs 22 billion from M/s Jamshoro Joint Venture Limited (JJVL).
On that very day, the press reported that Khawaja Asif, who had challenged the deal in Supreme Court, hailed the court verdict, saying “all requirements of the justice were met by the Supreme Court.” He said that political figures and establishment’s bigwigs were involved in the deal of allotment of quota, inflicting loss of billions of rupees to the national exchequer. Later Kh Asif‚ who had filed the petition against the LPG quota allotted to JJVL in 2011‚ termed the apex court's decision historic. He said the LPG quota scandal had caused loss of billions of rupees to the national exchequer. Kh Asif said several prominent personalities and politicians of the era of former president Pervez Musharraf were involved in the scam.
Paras 15 and 40 of the order of the Supreme Court judgment have also been quoted for reference in the letter written to NAB. These paras state:
“The FIA shall inquire into the matters which have been noted and highlighted in this judgment and submit a report which shall identify all those who are responsible for the failings, including acts of criminal negligence, corruption, corrupt practices or other offences. FIA shall also inquire into and investigate such other matters which may come to light from examination of any documents and records during the course of inquiry/investigation. The report shall be submitted by FIA in Court within 30 days.”
From 22nd December 2013 till 3rd Oct 2014, in spite of the Supreme Court verdict of 22-12-2013, MoP&NR/SSGCL did not recover Rs 22 billion loses from JJVL.
JJVL review petition was also rejected by Supreme Court on 4th June 2014. The court while dismissing petitions upheld the verdict passed in December 2013 by a three-member bench.
It is pertinent to mention here that the court judgement stated that agreement awarded to JJVL in December 8, 2003 was in gross violation of the bidding process as advertised and set out in the tender documents.
"The project was awarded by SSGC in a highly non-transparent manner with the object of giving undue benefit to JJVL...
The alterations done in the implementation agreement were made with the object of giving unfair and unlawful benefit to JJVL at the cost of the state, state enterprise SSGC and ultimately, the people of Pakistan," it added.
A complaint was received by TI Pakistan in which it was reported that from December 22, 2013 till October 3, 2014 MoP&NR/SSGCL did not recover Rs 22 billion loses from JJVL, which is a contempt of SC orders. But, contrary to that and with the approval of Chairman SSGCL Mr Ismail, chairman BOI, MOP&NR/ SSGCL has paid over Rs 5 billion to JJVL in September 2014.