ISLAMABAD -- The Khyber Pakhtunkhwa government on Tuesday challenged the Peshawar High Court's (PHC) verdict directing FIA to probe the Bus Rapid Transit (BRT) project of Peshawar.
KP chief secretary, secretary local government and rural development and secretary transport department jointly filed an appeal in the apex court under Article 185(3) of the Constitution against Fazli Karim Khan, Peshawar Development Authority (PDA) DG and BRT Project Director and others.
In their appeal, the petitioners stated that the respondent No 1 (Fazli Karim Khan) had filed a writ petition in the PHC wherein he challenged the construction of Station 31 of the ongoing BRT project on the grounds that it was being built right in front of his house, and, therefore, the value of his property had gone down.
They added that the PHC, while accepting the writ petition, formulated 35 points in the shape of questions and directed the Federal Investigation Agency (FIA) for investigation and inquiry.
The petitioners submitted that a similar writ petition (4217/2017) was filed in the PHC in 2017, which was dismissed vide judgment and order, dated 07-12-2017, by the then chief justice of the High Court. Astoundingly, CM No.847-P/2018 regarding some transfer matter was filed in the already dismissed writ petition (4217/2017) wherein the PHC directed NAB to conduct investigation and inquiry into the BRT project vide judgment, dated 17-07-2018, which was impugned before the august court, wherein the Supreme Court granting leave to appeal suspended the impugned judgment of PHC by maintaining status quo.
They maintained that however, the PHC without considering that the matter under scrutiny was sub judice, again passed the impugned judgment and order...