ISLAMABAD, June 15: A Supreme Court judge on Thursday wondered whether or not the pre-bidding approval of the cabinet committee on the sale of the Pakistan Steel Mills (PSM) was against the privatisation laws.

“The privatisation commission ordinance provides that the privatisation commission (PC) will send its report to the cabinet committee after accepting highest bid but here the commission sent a summary before the committee for approval before actual bidding of the steel mills,” Justice Tassadduq Hussain Jillani noted.

Justice Jillani also inquired from the federation counsel’s Abdul Hafeez Pirzada whether not this authorisation was violative of the privatisation law. “This is not prohibited,” Pirzada replied and said what havoc would have created had the reference price fixed for the steel mills has leaked.

Chief Justice Iftikhar Mohammad Chaudhry, who is leading a nine-member bench hearing the petition against, referred to the statement of qualification (SoQ) and observed that the three-party consortium perhaps was formed on the bidding day.

This consortium was formed after pre-qualification of the bidders to participate in the bidding as the bidders were competent to form such a consortium subject to the approval of the PC, Hafeez Pirzada explained.

Entire privatisation procedure was so transparent; he said and added that even a media person was invited to open the bid while the entire world watched the process on television. “This was the last step and hardly makes any difference.” Justice Javed Iqbal observed adding the question would remain whether each and every step taken during the bidding process was in accordance with the law and relevant procedures.

“It was done,” Hafeez Pirzada replied and emphasised that the future of country’s privatisation depended solely on this very case.

Referring to different queries raised by the judges, he said he would not leave before answering to each and every question and would try to allay all fears.

Thursday’s proceeding also saw a little bitterness when the bench asked the counsel to come to the objective of the privatisation reminding that the policy was framed for debt retirement and poverty reduction instead of paying loans that too due in 2013. “We can not shut our eyes as this is a national interest case and would like to know each and every thing without leaving anything,” the CJ observed.

The bench also asked the counsel to read a summary provided to the court by senior counsel Sharifuddin Pirzada wherein it was stated that PSM’s board of directors had shown disagreement to the privatisation of the steel mills.

Do you think I do not care for the national interest, Pirzada asked. At one time the counsel even said that he would like to leave the rostrum as he can not argue when the bench was showing resentment.

We have to satisfy us but if you do not want to answer our queries then I will ask my brothers (judges) not to put questions and you may argue in what ever way you desire, the CJ observed.

There was a pin drop silence for a while and then the counsel started arguing his case.

During the hearing, Hafeez Pirzada also explained that by virtue of the technology of the steel mills, land less than 4,457 acres could not be used. Out of 4,457 acres, 850 acres are private lands for which compensation had already been paid from 1973 onwards, while the core plant and its ancillary facilities are housed on 3,829 acres which is the actual land utilized by the mills.

Likewise 236 are for 110 million gallons of water while 278 acres are for the water canals. The facility also include two mining pieces in Thatta district namely Makli limestone in 74 acres and Jhimbhi Dolomite in 45 acres.

Justice Karamat Nazir Bhandari, at the fag end of the proceedings narrated a joke and said that all after hearing (the case) for three-weeks we still were asking who created the confusion. However we will find the answer, he said.