ISLAMABAD: The Supreme Court on Tuesday appointed a high-powered commission to oversee the disbursement and utilisation of funds being deposited by Bahria Town Limited Karachi (BTLK) against the land it had purchased for its housing society in the city. The funds will be utilised for development and welfare of the people of Sindh.

The commission’s chairman will be nominated by Chief Justice of Pakistan Gulzar Ahmed on the recommendations of the implementation bench of the Supreme Court, says a ten-page order issued by a three-judge implementation bench comprising Justice Faisal Arab, Justice Ijaz-ul-Ahsan and Justice Muneeb Akhtar, which disposed of a set of applications moved by BTLK as well as the federal and Sindh governments.

However, decisions by the commission regarding the selection of projects and their cost, all financial matters directly, indirectly or by implication relating to the projects to be undertaken will be subject to approval by the SC implementation bench.

On March 21 last year, the implementation bench had accepted an offer made by the developer to deposit Rs460 billion for the purchase of the land measuring 16,896 acres in the Malir Development Authority (MDA).

The offer was accepted to implement the apex court’s May 4, 2018 judgement that held the grant of the land to the MDA by the Sindh government, its exchange with the land of Bahria Town Karachi and anything done under the provisions of the Colonisation of Government Land Act 1912 by the Sindh government illegal and of no legal existence.

BTLK has so far deposited Rs52.6bn and the instalments being deposited by the developer were invested in T-Bills through the National Bank of Pakistan and an amount of Rs5.4bn has been earned as profit/mark-up till June 29 this year.

The Tuesday order required that the chairman of the commission will either be a retired judge of the Supreme Court hailing from and permanently residing in Sindh and, if not available for any reason, will be an eminent citizen, or a holder of a public office from the province. Likewise, one person will be nominated by the Sindh governor and another by the chief minister as its members subject to confirmation by the SC implementation bench being eminent citizen who does not hold any public office and does not have any known political affiliation.

The attorney general will be the third member and the advocate general for Sindh the fourth member of the commission. One woman to be recommended by the commission in its first meeting will also be a member whereas non-voting members will consist of the Sindh chief secretary, finance secretary, senior member of the Board of Revenue Sindh as well as the Auditor General Sindh, Accountant General of Pakistan and a nominee of the State Bank of Pakistan governor not below the rank of deputy governor.

The commission will propose and suggest projects for the public utility including but not limited to health, education, infrastructure, etc, for the people of Sindh, while the implementation bench will consider and approve the projects from time to time and allocate funds as per requirements, the order said.

Once approved by the implementation bench, the commission will start the process of awarding contracts and other related matters for implementation of the projects. The commission will also have the power to approve and disburse periodical payments in accordance with the terms of the contracts, and for each project awarded, the commission will establish an appropriate oversight committee to be headed by a voting member and include persons as the commission deems appropriate.

Each oversight committee will regularly report to the commission regarding the projects being overseen by it in terms of such SOPs (standard operating procedures) as established for this purpose and more than one project may be entrusted to an oversight committee, the order explained. Each committee will be responsible for ensuring due completion of the projects and will be subject to regular audit in terms of the SOPs.

Audit reports will also be placed before the implementation bench and a yearly audit will also be conducted by the Auditor General of Pakistan who will file his report before the implementation bench, the order said.

Once a project is completed, it will be handed over to the provincial government for its continuance and operation and for this purpose, the provincial government will before the handing over of the project prepare and place before the commission an appropriate annualised budget for operation and maintenance and all related and ancillary purposes, the order said.

If the commission does not accept the budget then the matter will be resolved by the implementation bench and any project handed over to the provincial government will be liable to audit/inspection by the commission in terms of the SOPs to be established by it in this regard.

Regarding the composition of the commission, the order explained that the chairman and voting members will have a term of four years from the date of its first meeting, but the court will retain the power at any time to direct and order the replacement of any of them prior to expiry of the tenure, adding that the chairman or voting member may resign at any time subject to permission by the implementation bench.

The order said that no action or decision of the commission would stand vitiated by reason of any vacancy in relation to a voting member, adding that the chairman and voting members will be entitled to be reappointed for such a period as the implementation bench may determine. All decisions of the commission will be by majority of voting members and in case of equality, the chairman will have a second/casting vote.

The commission will have an office at such location and such physical and other resources and facilities as the chairman decides on the recommendations of the commission and will have officers and subordinate staff assigned to it by the provincial government as would be sufficient for the normal and effective functioning of the commission.

The requirements of the commission will be communicated by the chairman to the Sindh chief secretary who will meet the same in the shortest possible time and all decisions and actions of the commission must have the concurrence of the chairman, the order said, adding that in case of any difference or dispute, the matter will be resolved by the implementation bench.

The commission will have its first meeting on or before Jan 25, 2021.

Published in Dawn, October 21st, 2020

Opinion

Editorial

Afghan turbulence
Updated 19 Mar, 2024

Afghan turbulence

RELATIONS between the newly formed government and Afghanistan’s de facto Taliban rulers have begun on an...
In disarray
19 Mar, 2024

In disarray

IT is clear that there is some bad blood within the PTI’s ranks. Ever since the PTI lost a key battle over ...
Festering wound
19 Mar, 2024

Festering wound

PROTESTS unfolded once more in Gwadar, this time against the alleged enforced disappearances of two young men, who...
Defining extremism
Updated 18 Mar, 2024

Defining extremism

Redefining extremism may well be the first step to clamping down on advocacy for Palestine.
Climate in focus
18 Mar, 2024

Climate in focus

IN a welcome order by the Supreme Court, the new government has been tasked with providing a report on actions taken...
Growing rabies concern
18 Mar, 2024

Growing rabies concern

DOG-BITE is an old problem in Pakistan. Amid a surfeit of public health challenges, rabies now seems poised to ...