PESHAWAR: The two-member bench of Peshawar High Court comprising of Justice Rooh-ul-Amin and Justice Ijaz Anwar directed Khyber Pakhtunkhwa government to include developmental projects PK-55 in E-Bidding, on Thursday.
During hearing Justice Rooh-ul-Amin remarked that if government is discriminating and ignoring opposition parliamentarians in public interest development projects then why shall not de-notify them and added that direct opposition members to sit outside because of minority in the house. While Justice Ijaz Anwar remarked that how can administrative approval withdrawn of developmental projects and added that is fund does not available for one constituency. He added that if unavailability of funds had the grievance then it must be issue for all constituencies but Jamshed Mohmand was targeted because of his affiliation with opposition.
The divisional bench was hearing petition of Member Provincial Assembly Khyber Pakhtunkhwa and Pakistan Muslim League Nawaz worker Jamsheed Mohmand from PK-55.
The counsel for petitioner Khusdil Khan Advocate informed PHC that different road infrastructure projects costs at Rs,200 Million were advertised but provincial government had withdrawn the approval because Jamsheed Mohmand is PML-N MPA at Khyber Pakhtunkhwa assembly.
The counsel further argued that provincial government had claimed that the projects had withdrawn due to unavailability of funds but finance department had allocated Rs,528 Million in this regard. He added that the only of aim of withdrawal development project to victimize the petitioner for his political affiliation with opposition party.
Justice Rooh-ul-Amin inquired from government’s lawyer that Supreme Court and high courts had granted several judgments to establish mechanism for this purpose and added that the projects had withdrawn due to pressure from high-ups.
Justice Ijaz Anwar inquired that unavailability of funds had only impact the projects in petitioner’s constituency or it is issue across the board.
The government representatives informed PHC that when funds will available the tenders shall be reopened and this PHC observed that at the time of approving the projects the government does not aware regarding unavailability of funds.
The counsel Khusdil Khan Advocate informed PHC that when the projects approved administratively then it can withdrawn and added that the projects were approved by Deputy Commissioner while withdrawal orders were signed by Additional Deputy Commissioner Planning and Development therefore it is not acceptable.
PHC also observed that honorable court had granted several decisions to provide developmental funds to parliamentarians indiscriminately.