Transparency in deals: Court findings to provide roadmap: CJP

Chief Justice Iftikhar Muhammad Chaudhry remarked on Wednesday that Supreme Court's intention was to examine the question of transparency in Rental Power Projects deals. The court findings would be a roadmap for everybody to ensure fair play in every project, he added.
A two-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry and Justice Khilji Arif Hussain has been hearing a suo motu and identical petitions filed by federal minister Faisal Saleh Hayat and PML (N) MNA Khawaja Muhammad Asif against RPPs.
According to Waseem Sajjad, counsel for the former minister for Water and Power Raja Pervaiz Ashraf, policy decisions are always made by the cabinet or by the Prime Minister while minister has to assist the Prime Minister while articulating or introducing any policy regarding his ministry. Justice Khilji Arif observed that a policy was supposed to be there and directed Sajjad to show to the court that policy if there was any.
Sajjad contended that if government wanted to buy gas from Iran or Turkmenistan then policy would be framed after the approval of finance ministry. Justice Khilji observed that a policy should be in the public interest instead of vested interests of any person.
The Chief Justice observed that as there existed no policy on accountability, "so nothing should be done in this regard." Sajjad replied that the matter taken up by the federal cabinet could be challenged on the floor of parliament not in the courts.
The CJP said the court was asking about any policy on RPPs that existed in black and white. Sajjad replied that there was no single policy document, however, there were several decisions of the federal cabinet which were being produced in the court.
He further submitted that before his client took the charge of ministry, setting up of four RPPs was decided in a high level meeting by Pepco and a guideline was given whereby rates should be close to the tariff of IPPs'. He added that the minister had nothing to do with tariff determination as it was the duty of Nepra, which gave approval to tariff but it was now criticising his client.
Sajjad pleaded that four days prior to March 27, 2008 his client took charge of the ministry, Prime Minister held a high level meeting in which it was decided that RPPs would start power generation within 100 days as power shortage was then the biggest issue.
He submitted that all experts were present in that meeting and the setting up of a number of RPPs was decided in that same meeting. He stated that as a matter of fact, plan for 2009 was devised in the meeting which was attended by almost 105 high-ups, including the chairman Nepra.
He submitted that a shortage of almost 4000 MW was found at that time. Out of which, 2200 MW was to be produced through fast track IPPs while the remaining shortage was to be met through RPPs. The CJP observed that only RPPs were under question and asked him why two parliamentarians decided to approach the court if the process was really transparent.
Sajjad submitted that the problem was still there as the country still needed more power to run our industry but no one was ready to come to our country due to various reasons including law and order situation. He submitted that all decisions regarding RPPs had been taken by the ECC and cabinet in a transparent way.
The CJP while addressing Sajjad asked whether any minister was held responsible by the present regime. Justice Khilji Arif then asked why no action was taken by his client against anyone responsible for the failure of the policy. The Chief Justice further observed that court had already put collective responsibility in the steel mills case.
Sajjad submitted that some of the cabinet meetings were attended by one of the petitioners, Khawaja Muhammad Asif, who was an ally minister and was invited to a meeting in May 2008, but he did not appear. Khawaja Asif appeared before the bench and contended that his party members had tendered their resignations by that time but their resignations were not accepted then. The CJP asked him about the relief given to the poor after signing such costly contracts with the RPPs.
"Reshma RPP was producing 90 MW instead of its contract of 231 MW but was given the mobilisation advance for the production of 231 MW. What was your client doing? Why didn't he take notice of that?" the CJP inquired from Sajjad. Sajjad submitted that mobilisation advance was still recoverable.
"Who knows how much public exchequer drained out of this country through such measures," the CJP said. Whereas Justice Khilji Arif asked Sajjad what should be done in this case. Sajjad apprised the bench that power shortage was still there and the people needed to take some concrete measures, adding that they should stop using air conditioners and save gas. He also underscored the need for construction of Kalabagh Dam. The hearing was adjourned till November 24.