As the import of locomotives for Pakistan railways was brought before the Lahore High Court, both the government and the Chinese company appeared to be in breach of contract.
According to the Pakistani government, the Chinese firm was supplying inferior and defective engines. The chief justice of the Lahore High Court expressed displeasure over the fact that while the government accused the Chinese company of supplying inferior engines, it had awarded the same company another contract.
The case was fixed for hearing on June 14. Finding the performance of Chinese company, Dongfang Electric International Corporation, unsatisfactory, the chief justice declined the company’s request for an order to the federal government to allow the company to cash a $17.55 million bank guarantee. He gave the company time to improve its performance if it wanted relief from the court.
The chief justice held that, prima facie, the government’s grievance against the petitioning company was the supply of 69 diesel locomotives of inferior quality under a contract signed on November 8, 2001. The court noted that complaint persisted and there was no material on record to exonerate the petitioning company in respect of the allegation.
The CJ expressed concern that a $104 million contract for 75 locomotives had still been awarded to the same firm.
Hierarchy issue
On June 12, the Lahore High Court ordered a deputy attorney general to appear
on June 20 to state which institution had the authority to check the quality of CNG cylinders. Justice Ayesha A Malik was hearing a petition by owners of various CNG stations who complained that representatives of several institutions harassed them on the pretext of checking the quality of cylinders. They said that the Hydro Carbon Development Institution of Pakistan, Oil and Gas Regulatory Authority (OGRA) and the Explosives Department had conducted raids on CNG stations to check the quality of cylinders there. They said this was creating problems.
Seeking disqualification
On June 11, the LHC disposed of a petition seeking disqualification of Nawaz Sharif, Shahbaz Sharif and MNA Khawaja Saad Rafique, asking the petitioner to approach the election commission in this regard. After hearing the petitioner, Shahid Orakzai, the court noted that the petition sought to disqualify the candidates, but the elections were over and they had been elected.
Therefore, the court said, he should move the election commission in this regard. Orakzai had submitted that Nawaz Sharif, Chief Minister Shahbaz Sharif and Minister for Railways Khawaja Saad Rafique should be declared disqualified for public office being involved in an attack on the Supreme Court.
Faulty investigation
On June 11, the LHC rejected an investigation conducted by Sheikhupura Health EDO Rana Raza in the matter of the theft of refrigerators for measles vaccination, and ordered him to reinvestigate the matter.
The EDO appeared before the court on a petition by a drug inspector, Bilal Yasin, from Ferozewala. Yasin submitted that he had been suspended for reporting the theft of refrigerators provided by the UNICEF to store measles vaccines. He submitted that of the 81 refrigerators given to Sheikhupura, 36 had gone missing.
Bar membership suspended
On June 12, the Lahore High Court Bar Association suspended the membership of a lawyer, accusing him of watching pornographic sites and movies on the Bar premises. Advocate Muhammad Afaq was also accused of misbehaving with senior members, lady lawyers and bar employees.
Published in The Express Tribune, June 17th, 2013.