ISLAMABAD - The Supreme Court on Monday ordered Pakistan Electric Power Company (Pepco) managing director to take back money, paid as 14 per cent mobilisation advance, with mark-up from the companies that are not generating electricity despite the payment. A two-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry and including Justice Khilji Arif Hussain inquired from Pepco MD Rasul Khan Mahsud why the mark-up on advance payment given to Reshma was not taken. The MD informed the court that Reshma power plant has returned Rs4.57 billion, but it had yet to pay Rs1.35billion mark-up. He said that the machinery and equipment of the company were still at the site and if it fails to pay the mark-up, they will confiscate them. The chief justice remarked that it is the national wealth that should be protected and ordered the Pepco MD to also take back money from Techno, Guddo, Naudero and Yeng Gen with mark-up. The court regretted that though the government had bad experience of Biki and Sharkpur plants even then the authorities concerned opted for Rental Power Plants (RPPs). The Chief Justice said that the IPPs had a power policy in 2002, which was quite successful and it was mentioned in that policy that no capacity charges will be given. Anwar Kamal, amicus curea, said that not for a single day the power policy was debated in the parliament. On that the chief justice remarked that it were two parliamentarians that brought the RPPs issue before the apex court. The court ordered the Nepra finance director to submit details of the tariff reference, the per unit rate the KSE was purchasing power from Karkey and selling it to consumers. The court also asked the water and power ministry to provide three months data of power generation. Anwar Kamal said that instead of rehabilitating the Independent Power Producers (IPPs) and power generating companies and supplying them fuel, the officials signed agreements with the companies. Nepra has done no exercise in determining tariff, as according to them, they just approved tariff that was sent to them. Nepra has violated to its own Act, he added. The counsel argued that reference tariff was given to companies when their machines and equipment did not arrive.He prayed that this should be inquired from the government how much money was provided for IPPs rehabilitation and how much of it was spent, adding the generation companies are the asset of people of Pakistan but were deliberately allowed to deteriorate so these could be sold at throwaway prices. Anwar Kamal stated Rs21.86 billion were barrowed from banks as loan on the basis of National Transmission and Despatch Companies assets and distributed among the power generation firms. He said that the said Rs6.4 billion were paid to Karkey, while Rs1 billion were also given to it later on. The counsel said that the electricity policy was not centralised, adding its like unguided missiles. The chief justice remarked this missile hits poor masses, adding that though it seem unguided but somebody was controlling these missiles to its own benefit. He maintained that due to shortage of power large number of industrial units in the country has been closed down. Anwar Kamal said that scrap was brought from China via Dubai and UAE for setting up rental power plants. No customs duty and sales tax was charged and on the customs department documents there is no mention of model and year of manufacturing but just written 'China brand. He said that as per rule not a single copy of contract was provided to NAB. The Nepra Finance DG informed the court that unit rate would be high if less number of units are produced. Anwar Kamal concluded his argument, while the court asked Waseem Sajjad, counsel for former federal minister for Water and Power Raja Pervaiz Ashraf, to start his argument from today (Tuesday) and adjourned the case hearing.