2012 PLP 226 (SCMR)

IFTIKHAR MUHAMMAD CHAUDHRY, C.J.

Qazi Law Associates through Qazi Ghulam Dastagir, Advocate High Court has submitted an application to take action against the embezzlement and the fraud to the national exchequer being caused by the Railway department. Contents of the application are re-produced hereinbelow:-- "I would draw your kind attention towards news report published in Daily "Dawn" dated 6-5-2010 wherein it is transpired that the Ministry of Railway is going to purchase 150 locomotives from a U.S based company in a very shabby manners without adopting a transparent procedure by violating the local as well as international competitor bidding rules. This deal will likely to cause approximately rupees 40 Billion losses to the national exchequer at the expense of tax payers' money if this matter will not be probed at this stage through the kind intervention of the Hon'ble Supreme Court of Pakistan, it will cause an irreparable loss to the public exchequer. (Copy of the said news report written by Zaheer Mahmood Siddiqui published in daily "Dawn" is attached herewith for ease of reference) As apropos above it is, therefore, Humbly requested to your Lord Ship that kindly take a sou muto action, against the said embezzlement and fraud, to save the hard earned money of the nation."

2. On the last date of hearing this was informed that on identical issue a writ petition was filed before the High Court which has been disposed of vide order dated 21-1-2011. Notices were issued and in presence of the parties on 1-2-2011 following order was passed:-- "Learned counsel for Pakistan Railways has stated that before the Lahore High Court, an identical petition was filed, which was disposed of in view of the statement made by the representative of the Department/General Manager Pakistan Railways to the effect that in order to ensure transparency previous tenders have been cancelled and process has commenced for inviting fresh tenders.

2. On the other hand, Mr. Salman Akram Raja, Advocate Supreme Court has stated that he had appeared before the High Court, but despite making the statement which is now being pointed out, transparency has not been shown as Railways Department has issued tenders with the condition that only an American company Messrs General Electric Co. would be eligible to supply the locomotives whereas according to him there are so many other international companies capable to supply the locomotives at much lower rates. He has stated that if some time is given to him, he would place on record all the relevant documents.

3. The Chairman Railways has admitted that 300 out of 500 locomotives are out of order as finances are not being made available for carrying out their repairs, etc. This situation seems to be very pathetic although Pakistan Railways is one of the most important means of communication, both for carrying goods as well as passengers and it seems that on account of sheer negligence and corrupt practices, as alleged in the instant case by the applicant, the Department has been rendered ineffective. It is an admitted position that presently, goods' train service has almost been suspended and as far as passengers' trains are concerned, less than 10% have been suspended whereas remaining passengers' trains are not performing as required due to non-supply of fuel, etc.

4. Be that as it may, let the Chairman Pakistan Railways under his signature submit a detailed reply. In the meanwhile, we issue notice to Mr. Salman Akram Raja, Advocate Supreme Court to appear as Amicus Curiae and submit relevant documents for the purpose of decision of this case. Similarly, we issue notice to applicant Zaheer Mahmood Siddiqui with reference to the Article published in. the Internet edition of the Daily Dawn of 6th May, 2010.

4. Adjourned to a date in office after two weeks" Shahid Hussain Raja, Secretary Railways has filed a statement under his signatures on 15-2-2011. Relevant para therefrom is reproduced hereinbelow:-- "In compliance to decision of Lahore High Court dated 21-1-2011, the tender for procurement of 150 D.E. locomotives will be advertised through international competitive bidding, wherein, all the international manufacturers of locomotives will be invited to make offers for supply of locomotives as per specifications of Pakistan Railways through a transparent method. The objection raised on the earlier tender, now filed, will be addressed according to prevalent rules, in the light of decision of the Lahore High Court, Lahore." It seems that the Railway department in pursuance of the order of the High Court had cancelled previous tenders and Secretary/Chairman Railways intends to float fresh tenders for supply of locomotives as per specifications of Pakistan Railways through a transparent method. Therefore, no further action is called for, however, Mr. Salman Akram Raja, Advocate Supreme Court has expressed his reservation about the specifications and we have told him that this Court cannot enter into these technicalities and if anyone feels dissatisfied after the floating of the tenders wherein specifications of the locomotives which were required to be supplied, shall also be mentioned, can avail appropriate remedy before the competent forum. Thus in view of the statement of Mr. Shahid Hussain Raja, Secretary/Chairman Railways, which has been reproduced hereinabove, instant petition is disposed of with the hope that the transaction of purchasing locomotives shall be made in a highly transparent, open and legal manner. S.A.K./S-55/SC Order accordingly.