MOHAMMED KARIM KHAN AGHA, J. Mr. Abdul Wahab Baloch files his Vakalatnama on behalf of the petitioner along with statement of objections to the last report of the Chief Secretary which is taken on record and a copy of the same has been provided to AG Sindh, Asst. AGP and representatives of DG PC who may file their comments prior to the next date of hearing.
2. Pursuant to order dated 28-01-2019 the DG PC has filed comments in terms of a yearly break up of how much funds were given to each district in Sindh out of the funds received from the E@P companies which is taken on record. These comments show that millio ns of US $ have been provided to some districts over a 5 year period but as per report filed by the Chief Secretary and the respective DC's it appears that very few projects have been completed in most Districts whilst in some Districts no projects have been completed at all and hardly any of the funds have been utilized. These comme nts filed by the DG PC shall be provided to Mr. Kamaran Ali Hashmi Director Audit and Natural resources along with all reports filed by the Chief Secretary Government of Sindh who shall carry out the audit of funds given to each district for each year from 2012 to date from the E@P companies as directed in para. 6 of order dated 28-01-2019 with the co-operation of the DG PC and the Government of Sindh.
The Audit report in respect of each district shall be filed by Mr. Hashmi prior to the next date of hearing which report shall in particular confirm with respect to each district (a) how much funds each district received that year and (b) what the funds were spent on a year by year basis and (c) whether any funds have been improperly used and (d) whether all received funds from the E@P companies has been properly accounted for and (e) the current balance in the bank account of each district. For this purpose Mr. Hashmi shall have acce ss to all documents filed by the districts and the Chief Secretary in this case for purposes of comparison and shall also include in his report whether the reports filed by each district and the Chief Secretary before this court in respect of finances received and utilized have peen accurately depicted.
3. The Chief Secretary in compliance with order dated 28-01-2019 has filed a fresh report showing (a) that the Chairman of each social development committee for each district has been appointed and that the other members have been filled as per designation (b) that advertisements have been placed in Sindhi, Urdu and English newspapers of wide circulation in each District seeking suggestions from the local community as to required projects in the local area and (c) Mr. Musaddiq Ahmed who is currently secreta ry energy in BPS 21 has been appointed as focal person for monitoring and ensuring that the guidelines are strictly followed and that the funds received by each district are timely utilized for the benefit of the local community and that he will remain focal person in order to ensure continuity until final disposal of these implementation proceedings (d) with regard to the gas supply to villages within a 5 KM radius of a gas well the Chief Secretary has informed us that as per decision of the CCI in 2017 the Government of Sindh has submitted its proposal a copy of which shall be filed before this court prior to the next date of hearing and that the Chief Secretary will advise that the CM Sindh may request the CCI to place this issue on its agenda at the next date of hearing as this matter concerns the implementation of directions contained in a Supreme Court judgment which this court is implementing in the province of Sindh (e) the Chief Secretary has also provided a list of Chief Secretaries since 2013 who all potentially have liability for not implementing the directions in the judgment of the Supreme Court which was are now implementing. The Chief Secretaries and their respective tenure is as follows: S.# NAME OF CHIEF SECRET ARY FROM TO 1 RAJA MUHAMMAD ABBAS 27.06.201 115.04.2013 2 MR. MUHAMMAD EJAZ CHAUDHR Y16.04.2013 10.11.2013 3 MR. SAJJAD SALEEM HOTIANA 10.11.2013 13.03.2015 4 MR. MUHAMMAD SIDDIQUE MEMON13.03.2015 23.11.2016 5 MR. RIZW AN MENON 24.11.2016 14.06.2018 6 MAJOR RETD AZAM SULEMAN KHAN14.06.2018 23.09.2018 7 SYED MUMT AZ ALI SHAH 23.09.2018 TO-DA TE
4. With regard to the non-compliance of the directions contained in the Supreme Court judgment we, in our order dated 28-01-2018, were prima facie of the view that the Chief Secretary had not complied with the directions contained in the judgment. The Advocate General Sindh has also very candidly conceded in court that there has been lapses on the part of those concerned in the Government of Sindh in implementing the directions contained in the supreme court judgment which is not limited to the present Chief Secretary who is before us. Today the Chief Secretary has verbally tendered his unconditional apology before this court and thrown himself at the mercy of the court for any failure on his part in implementing the directions contained in the Supreme Court Judgment.
5. It appears to us, prima facie , through his above mentioned actions that the Chief Secretary has now taken meaningful steps to implement the directions contained in the judgment in both letter and spirit. In these circumstances by exercising judicial restraint for the time being we have chosen to pend the issue of contempt proceeding against the present Chief Secretary and those other Chief Secretaries who were in office after 2012 to the time of the current Chief Secretary taking up office subject to the performance of the Chief Secretary in implementing the directions of the Suprem e Court in its judgment in the near future in both letter and spirit. It being made clear that if the Chief Secretary fails in implementing the guidelines the potential contempt proceedings will be revived and notices would also been given to all the other Chief Secretaries who held such office after 2012 to date. By adopting this approach of judicial restraint, of giving a last chance to the Chief Secretary , we consider that this is the most productive way of achieving one of the primary objectives of the directions of the Supreme Court in the shortest and most efficient way, namely the building of welfare works for the benefit of the local community .
Such judicial restraint however should not be considered as weakness on the part of this court but rather as its magnanimity on its part and if the Chief Secretary fails in this last chance given to him this court will not hesitate to revive the contempt proceedings against both him and all other Chief Secretaries from 2012 to date.
6. Since the Committees in each district have already published advertisements in the local newspapers for suggestions from the local community for social welfare projects the Committee in each District is directed to meet within 10 days of the date of this order to identify and , initiate in accordance with law social welfare projects for the local community and thereafter shall meet once every 4 weeks to monitor and complete the selected development projects financed from the funds provided by the E@C companies which projects shall be under the supervision of the representative from the Committee of the E@P Company whose company has made the financial contributions who shall ensure that a project of value to the community and as desired by the local community is completed to the highest standards within the shortest possible time which will be monitored jointly by the concerned DC and District and Sessions Judge.
7. The E&P company operating in each District shall provide its nominee from its company to sit on the Committee to the concerned DC within 5 days of the date of this order and the E&P company shall ensure that its member attends each and every meeting of the committee and supervises each and every project. The Chairman of each committee shall ensure that he gives the E@P member at least 5 days notice before each meeting of the committee.
8. Prior to the next date of hearing:
(a) Each District shall file a report with the Chief Secretary with relevant proof showing the number of advertisements made, meetings held along with minutes, projects initiated, funds utilized and the progress made in the project along with the number of local persons employed by the E@P company and their designation which shall be signed by the DC, member of the E@P company and the concerned District and Sessions Judge and filed before this court for its perusal.
(b) The Mr. Kamran Ali Hashmi Director audit natural resources and petroleum Karachi shall submit his report in respect of each district as earlier mentioned in this order .
9. A copy of this Order shall be sent to the AG Sindh, Adl. AGP, the concerned District and Sessions Judge for each District , the Chief Secretary who shall also forward a copy to the former Chief Secretaries named in this order , the DC of each District through the Chief Secretary , the Chief Secretary's focal person Mr. Mr. Musaddiq Ahmed , Mr. Kamran Ali Hashmi Director Audit and Natural resources and learned counsel for the respondent E@P companies, including without limitation, learned counsel for (i) Director General, Petroleum Concession, Ministry of Petroleum and Natural Resources, Islamabad, (ii) Managing Director , OGDCL, Islamabad, Director Operation, Nativus Resource Limited, Islamabad, (iii) General Manager , RDC International Private Limited, Islamabad, (iv) Country Manager , Tallu Pakistan (Development Limited), Islamabad, (v) General Manager , China ZhenHua Oil, Islamabad,
(vi) President/Chief Executive Officer, Hycarbex American Energy Inc. Islamabad, (vii) Chairman/ President/ Dewan Petroleum (Pvt.) Ltd. Islamabad, (viii) Aqeel Karim Dhedhi, Chairman OGIL, Karachi, (ix) General Manager Heritage Oil and Gas Limited, Islamabad (x) Chief Executive Officer, New Horizon Exploration Production Limited, Karachi, (Id) Chief Executive Officer, Spud Energy (Pvt.) Limited, Islamabad, (xii) Managing Director , MPCL, Islamabad, (xiii) Chief Executive Officer, Pakistan Petroleum Limited, Karachi, (xiv) General Manager , OMV Pakistan, Islamabad, Managing Director , Polish OGC Pakistan, Islamabad Chairman, Saif Energy Limited, shall all be in attendance.
10. These implementation proceedings shall be taken up again on Saturday 4th May, 2019 at 11:00 a.m. when the Chief Secretary , the Chief Secretary's focal person Mr. Musaddiq Ahmed and Mr. Kamaran Ali Hashmi Director Audit and Natural resources, AG Sindh and Adl. AGP shall be present in perso n and who ensure that where applicable their respective progress reports have been filed well before such date.