The Khyber Pakhtunkhwa government and Peshawar Development Authority (PDA) on Tuesday moved the Supreme Court against the Peshawar High Court’s order directing the Federal Investigation Agency (FIA) to probe alleged irregularities in the Peshawar Bus Rapid Transit project within 45 days.
The KP government submitted a request in the Supreme Court’s Peshawar registry while the PDA submitted another petition in the apex court, challenging the high court order.
Earlier this month, a five-member special inquiry team of the FIA, KP, had started its probe into alleged irregularities in the Peshawar BRT in line with the court’s directives.
On December 6, KP advocate general Shumail Ahmad Butt said the government had prepared a civil petition for leave to appeal (CPLA) against the high court judgment delivered on November 14 that would be filed in the apex court next week.
He said the CPLA had raised different legal points about the PHC order besides questioning the suo motu powers of the high court bench.
A high court bench consisting of Chief Justice Waqar Ahmad Seth and Justice Ahmad Ali had in November decided three petitions related to the BRT project affairs.
Two petitioners, including Fazal Karim Afridi and Adnan Afridi, had challenged the raising of different structures of the project adjacent to their houses in Hayatabad Township.
Another petitioner, advocate Isa Khan, had requested the court to order the construction of overhead bridges or under-passes for pedestrians at distances of not more than 100 meters.
The bench had formulated 35 points, asking the FIA to probe the mega project and act against delinquents if found in the inquiry report.
NAB proceedings halted
A high court bench headed by Justice Seth had also ordered the National Accountability Bureau on Jul 17, 2018, to conduct a proper investigation and inquiry into the BRT affairs. However, the provincial government and PDA had filed the CPLA with the Supreme Court, requesting to set aside the said order.
As a Supreme Court bench headed by the then chief justice, Mian Saqib Nisar, had suspended the high court’s order on Sept 4, 2018, findings of NAB’s inquiry didn’t see the light of day.
