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
Go back