PESHAWAR: Peshawar High Court has stopped Khyber Pakhtunkhwa Anti-Corruption Establishment (ACE) from taking any adverse action till final disposal of a petition against two private companies awarded contracts of solarisation of mosques in Mardan district by the provincial government.

A bench consisting of Justice Ijaz Anwar and Justice Inamullah Khan, however, allowed ACE to continue with an ongoing inquiry against the companies on account of alleged irregularities in awarding contract and carrying out the solarisation work.

The bench issued notice to ACE inquiry officer for June 18, directing him to appear in person along with the original record.

The petition has been jointly filed by the companies, M/S Best Sun Power and M/S Pak Friends Construction and Developers.

Petitioners claim ‘unilateral’ audit conducted by anti-graft body

They have requested the court to declare as illegal and unconstitutional an audit report of May 19 and recommendations of initiating criminal proceedings against the petitioners.

They also sought directives of the court for the respondents to conduct re-audit / re-inquiry of the assigned schemes to the petitioners’ companies, physically verify the assigned schemes on site in presence of the petitioners’ companies and the locals and also give opportunity of hearing to the petitioners.

The respondents in the petition are the ACE director, expert wing-I of ACE and inquiry officer of ACE’s special investigation wing.

Petitioners’ counsel Ahmad Farooq Khattak said that his clients had already completed all the work of solarisation of respective mosques, however, they were made scapegoat owing to political reasons.

He referred to different documents, according to which the petitioners had already completed the assigned work. He stated that Mardan tehsil municipal administration had invited tenders for solarisation of mosques in provincial assembly constituencies of PK-51, PK-52 and PK-53.

Mr Khattak said that petitioners’ companies participated in the bidding process with other contesting firms and they were declared successful bidders for the schemes.

He stated that a formal agreement was signed between the petitioners and Mardan TMA followed by a work order.

He said that the petitioners completed the schemes as per the agreement and to the satisfaction of the procuring entity.

He added that physical inspection of the schemes was carried out followed by a detailed completion report and completion certificate, resultantly a final bill was paid to the petitioners.

The counsel claimed that MPA from PK-58, Mohammad Abdul Salam, field a baseless and unfounded complaint containing allegations of corruption, embezzlement of government funds allocated for development purpose and misuse of official powers by the staff of TMA.

He stated that an open inquiry was initiated and on the directives of the ACE director an audit was conducted by the expert wing-I of ACE. He added that without perusing the record and physical inspection of sites, the said expert submitted his unilateral and biased audit report on May 19, 2025.

Mr Khattak contended that the audit report was factually incorrect, against the record and had been prepared without according opportunity of hearing to the petitioners’ companies or physical verification of the subject schemes.

The counsel argued that on the basis of the impugned audit report, the respondent intended to initiate criminal proceedings against his clients.

About objection of giving extension in the completion period of the schemes, he stated that the petitioners had given application requesting for extension, which were duly considered by the competent authority and the completion period was extended till April 11, 2023. He added that the schemes were completed by the petitioners before that period.

Published in Dawn, May 29th, 2025