Reference No. 7

 
 



 

 

 

REFERENCE / COMPLAINT NO. 7/2006

Reference dated June 28, 2006 – Locomotive Scam


The Chairman
National Accountability Bureau
Islamabad.

Pakistan Peoples Party ………………………… COMPLAINANT

VS

Lt. General (Retd) Javed Ashraf Qazi, the then Federal Minister for Railways.

Lt. General (Retd) Saeeduz Zafar, the then Chairman Pakistan Railways.

Maj. General (Retd) Hamid Butt, the then General Manager Administration, Pakistan Railways…………….…………………… ACCUSED / RESPONDENTS

Subject: COMPLAINT UNDER SECTION 5 AND 18 (B) SUB SECTION-II OF THE NATIONAL ACCOUNTABILITY BUREAU (NAB) ORDINANCE 1999, AGAINST THE HOLDERS OF PUBLIC OFFICE FOR PUNISHMENT UNDER SECTION 10 OF NAB ORDINANCE FOR CAUSING HUGE FINANCIAL LOSS TO THE NATIONAL EXCHEQUER BY CORRUPTION AND CORRUPT PRACTICES

FACTS AND GROUNDS:
1. That the respondents were deeply involved in $ 98 Million Chinese Locomotives Scam.

2. That the respondents were facing charges of buying 69 locomotives from China on suppliers credit at an amount of $ 98 Million (Rs 5.96 billion approximately) without even trying to know that the locomotives could not operate in Pakistani environment / conditions.

3. That as Secretary Railways, Mr. Shakeel Durrani informed in categorical terms to the sub-committee of the Parliamentary Public Accounts Committee that rules were seriously violated when the deal was struck with China. “Had I been the Chairman Railways at that time, I would have never gone for a such deal”.

4. That 33 locomotives out of 69 Chinese locomotives had developed faults as the deal was struck in 2002 and the locomotives were brought to Pakistan only to become inoperative within couple of years.

5. That some of the most deadliest recent rail accidents occurred due to the Chinese locomotives and bogies as they could not run on the Pakistani tracks mostly dating back to the era of British Raj.

6. That unfortunately a Col. (Retd) Ghulam Rasool, now MNA of the ruling PML-Q as Chairman sub-committee of Parliamentary Public Accounts Committee, after hearing the arguments from the Secretary Railways Mr. Shakeel Durrani, passed a judgment for senior’s release saying “though there was misconduct in the procurement of locomotives, the then administration had made the deal in good faith, therefore, this issue stands settled”. Although this deal played a role to murder and injure the passengers on the rail tracks in accidents and Secretary Railway Mr. Shakeel Durrani informed in categorical terms that rules were seriously violated.

7. That as the Audit representative stressed in another meeting of the Sub- Committee of Parliamentary Public Accounts Committee published in daily “The Dawn” dated 27-5-2006 that the Law Ministry had clearly stated in the recommendations sought by the sub committee of Public Accounts Committee that NAB could proceed against retired army officers involved in corrupt practices during their services under section 9 of the NAB Ordinance 1999.

8. The above facts have been published in daily “The DAWN” dated 27-5-2006 (Press clipping attached for ready reference).

9. The respondents in this Complaint do fall within the ambit of NAB Ordinance 1999 for the purposes of investigation, trial and punishment.

10. The respondents are reportedly guilty of corruption and corrupt practices. As a Federal Minister for Railway, Chairman Pakistan Railways and General Manager Administration Pakistan Railways, they abused powers as defined in Section 9 of the Ordinance and as such are subject to punishment under Section 10 of the NAB Ordinance 1999 based upon the above facts and grounds:

CONCLUSION:
Based on the above facts and grounds, the respondents have shown willful indulgence in corrupt practices under Section 9 of the Ordinance. Such persons are subject to punishment under Section 10 of the NAB Ordinance 1999.

As such the Chairman, National Accountability Bureau, is called upon to initiate investigation in connection with matters set out herein above and further proceed to file a Reference against the respondents for violating the provisions of Section 9 of the Ordinance punishable under Section 10 of the Ordinance in competent court of law and proceed against those concerned for violating Section 9 of the NAB Ordinance 1999.

Complainant :

Pakistan Peoples Party

Through :

Mohammad Aleem Abbasi
Advocate
June 28, 2006

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