ISLAMABAD - Marketing companies of Jamshoro Joint Venture Limited on Monday contended that Khawaja Asif, petitioner, wants an order from the Supreme Court at a time when he himself is a part and parcel of the federal government.
A three-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry and comprising Justice Jawwad S Khawaja and Justice Gulzar Ahmad resumed hearing of a matter relating to allocation of quota for LPG in response to a constitutional petition of PML-N leader Khawaja Muhammad Asif.
Irfan Qadir, former attorney general, representing two marketing companies of JJVL in the LPG case - Pioneer and Taiz - contended that Khawaja Asif, incumbent Federal Minister for Water and Power, apparently wants to avoid any responsibility lest he may suffer the consequences of his own doing.
He said that the entire case is based on two elements. Firstly bald allegations and secondly violations of certain rules known as PPRA Rules. The levelling of bald allegations itself suggests that the petitioner has not approached the court with clean hands. “You do not file petitions in the Supreme Court on unfounded suspicion,” he added.
He argued that the petitioner wanted that the apex court assume upon itself the functions, which the Constitution or the law doesn’t assign to the judges of the Supreme Court. It is not the job of SC judges to carry out lengthy investigations into factual or legal aspects.
He contended that it has been held that the Supreme Court in exercise of jurisdiction under Article 184 (3) is entitled to use inquisitorial powers but these are to be exercised sparingly, adding generally the Court refrains from the exercise of such extraordinary powers. “Even if Court has to exercise this extraordinary power, legal or factual questions are to be left for the decision of the competent Court or forum.”
He contended that the petition involves no question of law of public importance pertaining to the violation of fundamental rights (if any) of any person. “The petition is scandalous not only as regards the respondents but it is an attempt to influence and scandalise this court.”
Irfan Qadir argued the petition has become infructuous as the same is directed against the government and the petitioner is now himself a part and parcel of the federal government. The court should also take notice of the fact that during the pendency of this case the petitioner has stepped into the shoes of the respondents.
The respondents in their comments have supported the petitioner or in other words a sitting minister of their government. Now the petitioner and respondent are of the same view and are on the same side, hence the cause of action has dissipated.
Tariq Rahim, counsel for JJVL, relied on the documents and material exchanged between the SSGC and JJVL. He said the matter of award of contract was started in March 2011 and after a negotiation of more than 2 years Implementation Agreement was signed on August 12, 2013. All elements of transparency, bona fide, public interest were adhered. From 1988 till 2005 LPG of more than 300 to 400 tons a day was wasted so around Rs4 billion a year a colossal loss of the national exchequer was occurred due to inefficiency of governments of Pakistan Peoples Party and PML-N. Khawaja Muhammad Asif was minister for 2 times so cumulatively a loss of Rs54 billion was prima facie reported.
Azhar Siddiqui representing two marketing companies - Home Gas and Sehwan Gas - submitted that he seriously doubt the bona fide of Khawaja Asif as he came before the Court to target only JJVL and in turn intend to award the contract to his blue eyed favourite.
“Right now the petitioner is not only a parliamentarian of the ruling party, but a minister for Water and Power, so he can at its own or through his government can take up any action as he desires.”