ISLAMABAD: The Supreme Court of Pakistan has declined a Chinese company’s plea for granting stay order over the bidding process pertaining to construction of Dasu Dam for hydro-power project. A divisional bench of the top court headed by Chief Justice Anwar Zaheer Jamali on Monday directed the Ministry of Water and Power to submit its comments over the instant petition.
The top court also directed the Chinese company to place the judgment of LHC against Intra Court Appeal (ICA) on record. The civil petition was filed by Power Construction Corporation of China under Article 185(3) against the judgments of Lahore High Court’s (LHC) single bench and divisional bench respectively.
The petition contended that WAPDA announced it undertake a project on Indus River located at Dasu Town in 2014. The said project is partly funded by International Development Association (IDA), an organiation forming part of World Bank Group. IDA has approved the financing of Stage-1 of the project with a credit of $588.4 million.
The petition stated that the director of hydro-power project issued a pre-qualification document, prepared in accordance with the guidelines of World Bank, and invited applications from interested parties. During the course of hearing, Salman Aslam Butt, counsel for the Chinese company, informed the bench that during the bidding process there were certain ambiguities in certain provisions of Instructions to Applicants (ITA), which are laid down in accordance with the guidelines of World Bank.
He argued that any company could not be barred from taking part in tender and bidding processes merely on the dictation of World Bank, adding that the country had its own constitution and relevant laws. Barring a company was violation of fundamental rights. In this respect, he argued, high courts have jurisdiction to entertain the plea. Justice Sheikh Azmat Saeed, another member of the bench, observed that the courts could not issue directions to World Bank for changing its policies and decisions, adding that it was not the matter of fundamental rights.
Salman Aslam Butt argued that the interpretation of sub clause C of Article 199 should be completed as none of the courts had so far established its interpretation. However, Justice Sheikh Azmat Saeed observed that the interpretation of the said article could not be done at present. The court, while seeking reply from the Ministry of Water and Power, adjourned the hearing for Wednesday (tomorrow).
