May 11, 2008	Sunday	Jamadi-ul-Awwal 5, 1429

KARACHI, May 10: The Sindh High Court has rejected another petition against the lease of the Lakhra Power Plant in Jamshoro by the Water and Power Development Authority to a private energy concern.

The lease was challenged by M/s Habibullah Energy Limited, an unsuccessful bidder, saying that the deal was not transparent. Defending the award of lease to M/s Associated Group, Advocate Yawar Faruqui submitted that his client’s bid was the lowest and most cost-effective. The petitioner concern participated in the bidding process and approached the court only after losing the bid. The grounds raised in the petition, he further contended, were not agitated during the process. Besides, he argued, disputed questions of fact and numerical analysis could not be undertaken in exercise of writ jurisdiction.

Representing WAPDA, Advocate Shahid Hamid elucidated the entire process of bidding and explained how and why the Associated Group was awarded the lease contract.

A division bench consisting of Justices Azizullah M. Memon and Arshad Noor Khan dismissed the petition after extensive hearing spread over several weeks. Another division bench had earlier dismissed a petition moved by the plant’s workers union, holding that the lease contract did not amount to privatization. The union has challenged the judgment in the Supreme Court.

Clearing agent’s plea

Another division bench comprising Justices Mrs Qaiser Iqbal and Syed Mahmood Alam, meanwhile, restrained the customs intelligence and investigation directorate from arresting a clearing agent, already in its physical remand in five cases till May 11, in a fresh case.

Petitioner Fahim Qureshi stated in his petition that his brother, Naeem Qureshi, was arrested on April 26 and produced for remand before the special customs judge, who remanded him in physical custody till May 5. Described as an associate of M/s NJ International clearing agents, Naeem was alleged to have secured clearance for a number of containers carrying imported electronic goods from Port Qasim on forged and fictitious documents on behalf of importers without paying any duty.

While he was detained in the customs lock-up, the directorate involved him in another two FIRs on identical charges in respect of more containers. He was produced before the special judge on May 5 and the judge extended his physical remand till May 11. Two more cases involved clearance of more electronic goods containers without payment of duty. The total number of containers in all five FIRs now stands at 200.

The petitioner’s counsel, Advocates M. Ilyas Khan and Mohammad Jamil, submitted before the court on Friday that the accused may be involved in more cases for clearing more containers and may be remanded in the new FIRs for a longer period.

The bench issued notices to the respondents for May 13.

Bank to deposit debited amount

Justice Nadeem Azhar Siddiqui, meanwhile, asked the Standard Chartered Bank to deposit with the SHC nazir the amount debited by it from the unrelated account of a credit card holder to settle an alleged default occurring five years ago without documentation and notice.

Plaintiff-lawyer Yawar Faruqui instituted a Rs100 million damages suit for loss of reputation, financial loss and banking malpractice claiming that he was issued a credit card in July 2001, which was misused abroad within a few days of its issuance.