ISLAMABAD: The apex court Tuesday extended stay against the Peshawar High Court’s verdict barring the National Accountability Bureau (NAB) to investigate Peshawar Bus Rapid Transit (BRT) project.

A three-judge bench, headed by Justice Umar Ata Bandial, heard Khyber-Pakhtunkhwa (KP) government’s appeal against the PHC verdict regarding the BRT project.

The Supreme Court on 14-11-2019 had granted stay against the PHC impugned judgment.

A bench of the High Court, headed by Chief Justice Waqar Ahmad Seth, in November 2018 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 27.37 kilometers road project.

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 Constitution against Fazli Karim Khan and others, DG Peshawar Development Authority and Project Director Rapid Bus Transit (BRT).

During the hearing, the court remarked that the NAB would not be able to investigate the BRT project as the decision of the Peshawar High Court was based on speculation.

The Peshawar Development Authority (PDA) was given one month to file additional documents related to the project.

Petitioner Adnan Afridi pointed out the drawbacks in the project.

Upon that Justice Muneeb Akhtar inquired whether he would be satisfied if the officers concerned addressed his reservations.

The bench allowed the PDA a period of one month to submit its response based on additional documents in the case.

Justice Umar Ata Bandial directed the officers concerned to "listen to the petitioners' reservations".

The PHC’s judgment has observed that due to the improper planning the short-term project was revised with 35 percent increase in cost and some of its components abnormally increased by 237 percent (Package 6), 200 percent (Package-9) and 147 percent (Package-4).

This is testimony of poor planning for the project by the consulting firm with provincial government at the receiving end.

The project has grossly been mishandled and mismanaged from inception by the provincial government officials and thus, so far three project directors were replaced, the High Court judgment said.

In 2019, a provincial inspection team had submitted a detailed report on the project saying “some people” received kickbacks of about Rs7 billion.

Copyright Business Recorder, 2021