The Federal Constitutional Court (FCC) has set aside the High Court's judgement and orders relating to the construction of the Nai Gaj Dam and has barred any court from intervening in the project until its completion.
According to the 24NewsHD TV channel, the Federal Constitutional Court delivered its verdict on Monday in the Nai Gaj Dam construction case. The court ruled that any disputes arising from the project must be resolved through the mechanism agreed upon in the construction contract.
The judgement stated that its directions were intended to prevent obstacles that could delay the completion of an important public infrastructure project. The court said uninterrupted progress on the dam was in the wider public interest.
According to the ruling, the High Court had issued directions without properly considering the applicable law.
It observed that the High Court's orders did not adequately take into account the agreed dispute resolution process, the legal framework governing the Water and Power Development Authority (WAPDA), or the relevant provisions of the National Accountability Bureau (NAB) laws.
The Constitutional Court further held that the jurisdiction of the High Court under Article 199 of the Constitution could not be rewritten through judicial interpretation.
It said that exceeding constitutional limits could undermine the proper administration of justice and expressed the expectation that all parties would proceed in accordance with the original terms of the contract.
The judgement directed WAPDA to decide any complaint submitted by the contractor within 15 days. It also ruled that if the contractor was found to have breached the agreement, WAPDA should re-tender the remaining work in accordance with the law.
The 22-page judgement was authored by FCC Chief Justice Aminuddin Khan.
Nai Gaj Dam is an embankment dam currently under construction on the Gaj River in the gorge area at the edge of the Kirthar Mountains range at about 65 kilometres (40 mi) northwest of Dadu city in Dadu District, Sindh.
When complete, its power station will have a 4.2 MW installed capacity. Consultant supervision by Techno Consult International (TCI) from Karachi.
Reporter: Amanat Gishkori