IN THE SUPREME COURT OF PAKISTAN 
   
(Original Jurisdiction) 
 
PRESENT: 
 Mr. Justice Iftikhar Muhammad Chaudhry, CJ 
  
 Mr. Justice Jawwad S. Khawaja 
  
 Mr. Justice Sh. Azmat Saeed 
 
CONSTITUTION PETITION NO.115 OF 2011 
Abdul Raheem Ziaratwal and another 
 
 
 
 
Versus 
Federation of Pak. etc. 
For the petitioners:        Syed Iftikhar Hussain Gillani, Sr. ASC 
 Mr. M. S. Khattak, AOR                                                     
assisted by Barrister M. Saad Buttar, Advocate 
For rspdt. Nos.1-4: 
Nemo. 
 
For rspdt. Nos.5-6: 
Kh. Haris Ahmed, Sr. ASC 
 
 
 
 
Mr. Arshad Ali Chaudhry, AOR 
 
 
 
For rspdt. Nos.7-8:      Mr. Shakeel Ahmed Baloch,  
 
 
 
        A.G. Balochistan. 
 
 
 
 
Alongwith 
 
 
 
 
 
CONSTITUTION PETITION NO.20 OF 2013   
(Action against Distribution of Development 
funds by Ex-Prime Minister Raja Parvaiz 
Ashraf) 
 
 
 
 
 
 
 
AND 
HUMAN RIGHTS CASE NO.11504-G OF 2013 
(News clipping from daily Al-Akhbar dated 25.3.2013 
regarding alleged corruption of Ex-Government.) 
 
 
 
AND 
 
CIVIL MISC. APPLICATION NOS.2960, 3566, 3579, 
3649, 3865, 4022, 4135, 4208, & 4498/2013 
 
 
(Applications for impleadment as party) 
 
 
 
For the Applicants: 
Mr. Tariq Mehmood, Sr. ASC 
Const.P.No.115/2012. 
 2
 
 
 
 
(CMA-2960 & 3566/13) 
 
 
 
 
Mr. M. Munir Peracha, Sr. ASC (Absent) 
 
 
 
 
(In CMA No.3579/13) 
 
 
 
 
Syed Tayyab Jaffri, ASC (Absent) 
 
 
 
 
(In CMA-3649/13) 
 
 
 
 
Syed Zafar Abbas Naqvi, AOR with 
Mr. Irfanullah, Adv./SVP, DBA Lucky Marwat 
(CMA-3865/13) 
Mr. Asif Fasihuddin Virdag, ASC 
(CMA-4022/13) 
Mr. M. Siddique Khan Baloch, ASC (Absent) 
(CMA-4135/13) 
Mr. Shahid Mahmood Khokhar, ASC 
(In CMA No.4208/13) 
 
On Court’s Notice:  
Mr. Muneer A. Malik, 
Attorney General for Pakistan, assisted by  
Mr. Faisal Siddiqui, Adv.       
 
 
 
 
 
For AGPR:  
 
Mr. Tahir Mehmood, AGPR 
 
For Auditor  
 
Malik Manzoor Akhtar, D.G. Audit 
General of Pakistan: 
Rana Sahakeel Asghar, Director Audit 
 
 
 
 
Mr. M. Munawwar Rana, A.O. 
 
For M/o H & W:  
Mr. Sajid Ilyas Bhatti, DAG 
 
 
 
 
Mr. M. S. Khattak, AOR with 
 
 
 
 
Mr. Aurangzeb Marral, Deputy Secretary 
For Pak PWD: 
 
Sardar Asmatullah Khan Niazi, ASC 
Mr. Sarwar Awan, D.G. 
 
 
 
 
Mr. Ata ul Haq, CE 
 
For M/o Finance:  
Mr. Sajid Mehmood Butt, ASC 
Mr. Arshad Ahmed, F.A. (Cabinet) 
 
 
 
 
Dr. G. M. Mahmoodi, Sr. JS 
 
 
 
 
Mr. Seerat Asghar, former  
SSPM/ 
 
 
 
 
Secy NFS & R 
 
 
 
 
 
For Cabinet Div.:  
Ch. Zafar Amin JS(PWP) 
 
 
 
 
 
 
 
Mr. Masood Ahmed , JS (NPS) 
Mr. Muhammad Asif Khan, 
 
 
 
 
Chief Finance & Accounts Officer. 
For SSGCL: 
 
Mr. Asim Iqbal, ASC  
 
 
 
 
Mr. Asif Fateh Sheikh, GM (Legal) 
Const.P.No.115/2012. 
 3
 
 
 
 
Mr. Shahir Aleem, GM (Sales) 
 
For SNGPL: 
 
Mr. Uzair Karamat Bhandari, ASC 
 
 
 
 
Mr. Arif Hameed, MD, SNGPL 
For PEPCO: 
 
Mr. Zaigham Ishaq, MD, PEPCO 
Mr. Amjad Manan, Chief Engr. (RE) 
For Parliamentarians:  Mr. Wasim Sajjad, Sr. ASC 
 
 
 
 
 (On behalf of Raja Parvaiz Ashraf, Ex-PM) 
 
 
 
 
Mian Abdul Rauf, ASC  
(On behalf of Mr. Ghias Mela, Ex- MNA, Mr. Anwar 
Ali Cheema, Ex-MNA, Mr. Amir Sultan Cheema, Ex-
MPA) 
 
 Mr. Moula Bakhsh Chandio, 
 Ex-Law Minister, In person  
 
 
 
 
 
 Mr. Liaqat Ali Shabab, Mr. Muhammad  
 
 
 
 
 
Hamayat Khan, Syed Muhammad Ali   
 
 
 
 
 
 Shah Bacha, Ex-MPAs, KPK Assembly. 
 
 
 
 
 Ex-MPA, KPK 
(All in person) 
 
Date of hearing:  
  16-18 & 22.7.2013. 
 
ORDER 
 
  
IFTIKHAR MUHAMMAD CHAUDHRY, CJ.- As far as the 
judgment in listed Constitution Petition No.115 of 2011 instituted by 
petitioner Abdul Rahim Ziaratwal and connected Constitution Petition 
No.20/2013 on the subject “Action against Distribution of 
Development Funds by Ex-Prime Minister of Pakistan Raja Parvez 
Ashraf”, is concerned, the same is reserved.  
2. 
 However, in the meanwhile, with regards to the Schemes 
initiated out of the funds allocated to the PWP-II, the Executing 
Agencies are directed to undertake an exercise and examine across the 
board all the Schemes so as to ascertain as to whether the PEPRA Rules 
Const.P.No.115/2012. 
 4
have been strictly followed and whether the development works were 
assigned to the Contractors in a transparent manner keeping in view the 
recognized standards for award of execution of such works; and 
whether the said schemes were based on feasible reports. If such 
Schemes are found to be in accordance with the conditions and 
observations made hereinabove the payments to the Contractors may be 
released to the extent of the work already completed.  
3. 
 
As far as the left over work is concerned, it should be 
examined as to whether the same is in the public interest and is feasible 
to continue execution of the said schemes. If such schemes are found 
not to be in the public interest or feasible, the same shall be abandoned 
subject to the approval of the Competent Authority i.e. on whose behalf 
the Schemes were initiated; and the funds so made available shall be 
deposited with the public exchequer. The said Competent Authority 
shall also examine the possibility of proceeding further against such 
persons or agencies, who had allowed the execution of the 
works/schemes contrary to the PEPRA Rules, proper feasibilities or 
without following a transparent manner; before the Forums having 
jurisdiction to deal with such issues both civil as well as criminal, as 
the case may be.  
 
 
 
 
 
 
 
    Chief Justice   
 
 
 
 
 
 
 
 
 
 
Judge  
Islamabad, the 
 
 
 
 
 
  
22nd  July, 2013 
Not approved for reporting 
 
 
 
Judge  
M. Safdar Mahmood/*