Non-release of funds for road project: PHC warns officials of contempt

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PESHAWAR, Feb 27: The Peshawar High Court on Wednesday directed the secretaries of finance, communication and planning and development divisions to ensure release of required funds for completion of Peshawar Northern Bypass Road within 40 days failing which the assets of responsible divisions and salaries of the secretaries would be attached.

A two-member bench comprising PHC Chief Justice Dost Mohammad Khan and Justice Irshad Qaiser observed that despite several orders by the court since Sept 15, 2010, the concerned officials had been dragging their feet on the project resulting in delay in its completion.

The bench fixed April 10 for next hearing of the case with the observation that in case the order was not implemented contempt of court proceedings would also be started against the responsible persons.

A deputy secretary (legal) of the finance division assured the bench that if they received any requisition for release of funds from the planning and development (P&D) division they would take no time to release the same. He claimed that so far they had not received any proper requisition for funds for the said project. He stated that under the rules they could only release funds after receiving requisition from P&D.

Sikander Irfan, a legal adviser of National Highway Authority (NHA), refuted his claim, stating that they had sent several requests to the finance division. He stated that first they sent letters to the division on March 25, 2010, then on March 16, 2011, and again on March 19, 2012 and finally on Feb 11, 2013.

The bench directed the federal communication secretary to immediately prepare a letter for P&D asking for further release of funds from the finance division for the project in the light of the orders of the court issued on Sept 15, 2010, and Jan 30, 2013.

It was ordered that after receiving the said letter/summary P&D should forward the same to the finance division, which should release the funds required for completion of the project and place it at the disposal of the competent authority.

The bench observed that all the concerned officials should clearly understand that no opportunity would be provided to anyone to use delaying tactics. It was added that proceeding for committing contempt of court would be initiated against the said officials as the project in question was of vital national importance.

During the previous hearing on Jan 30, the bench had issued show cause notices to the federal communication and finance secretaries, NHA chairman and two other officials for explaining delay in construction of the said road. The notices were issued after the bench was informed that the project might be completed in 2020 owing to non-availability of funds.

The court has taken suo moto notice of the issue after delay in completion of the project. The court had earlier in Sept 2010 issued orders of completion of the project after assurance was given that the scheme would be completed within three months.

UNDERPASSES: The bench also ordered Peshawar Development Authority to ensure free flow of traffic by removing the construction material from the University Road near the sites of two under-construction underpasses within 20 days.

Advocate Essa Khan, who has filed a writ petition regarding blockade of several busy roads, stated that because of the construction work traffic remained blocked on University Road for hours as work had been going on at a snail’s pace. The bench fixed March 27 for next hearing in the petition.

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