ISLAMABAD: The Lahore High Court will take up today (Wednesday), the writ petition challenging the award of contracts to different vendors for grant of purchase orders for books required for the public welfare project styled as the ED-LINKS Project.
Ali Aziz Sethi, the Chief Executive Officer of Kalaam Communications (Pvt) Limited, 72 FCC Gulberg IV Lahore has filed a petition in the LHC under Article 199 of the Constitution, challenging the award of contracts to different vendors for grant of purchase orders for books required for the public welfare project styled as the ED-LINKS Project.
Mr Sethi had made Federation of Pakistan, Economics Affairs Division, through Secretary, Ministry of Finance, Pak Secretariat, Islamabad, U.S. Agency for International Development (USAID) American Embassy, RAMNA 5, Diplomatic Enclave, Islamabad, Edward Birgells, Regional Director, U.S. Agency for International Development (USAID) American Embassy, RAMNA 5, Diplomatic Enclave Islamabad and Muhammad Haroon Ahmed, Procurement Director, ED-LINKS Project, RAMNA 5, Diplomatic Enclave Islamabad as respondents.
The petitioner had prayed to the court to restrain the respondents from allocating the Petitioner Company’s order for books to other vendors and further direct the respondents to place the order for the selected books with the petitioner in accordance with their commitment.
It was further prayed to direct the respondents to maintain status quo with respect to the ED-LINKS Project and restrain the respondents from declaring the project as being closed and completed.
“The respondents may further be directed to preserve the funds earmarked for the ED-LINKS Project and to make no further payments pursuant to the bidding process to selected vendors or for any other purpose”, the petitioner said.
Ali Aziz Sethi further prayed to the court to direct the respondents to provide to the petitioner the documents including all original as well as subsequent/revised offers to supply/quotations/bids provided by the sellers/vendors who were ultimately awarded contracts; in each case the complete list of all books offered to be supplied be made available to the petitioner.
He had further requested the court to order that all contracts placed with each vendor as well as all correspondence between vendors and the respondents pertaining to and leading up to the grant of the contracts in favour of various vendors and the details of the legal basis for the activities of Respondent No.2 in Pakistan with particular reference to the ED-LINKS Project be made available. The details of the contracts, protocols or other instruments that authorise USAID to act in Pakistan may also be provided.
The petitioner submitted that he was aggrieved by the unlawful and unconstitutional actions of Respondents No.1 & 2, who have, in a wholly arbitrary and discriminatory manner and acting with mala fide intent, excluded Kalaam Communications (Pvt) Ltd. (“the Petitioner’s Company”) from consideration for grant of purchase orders for books required for the public welfare project styled as the ED-LINKS Project.
He further contended that he was also aggrieved at Respondents No.1 & 2’s unlawful and unconstitutional refusal to provide material information/documents pertaining to the authority and legal basis of Respondent No. 2’s activities in Pakistan and in particular with reference to the ED-LINKS Project as well as material information/documents relating to the bidding process carried out by Respondent No. 2 and selection of vendors for purchase of books for the project.
The petitioner contended that the respondents excluded his company from the selection process in an arbitrary and discriminatory manner and without any basis in law or facts. “I had every right to be considered for grant of orders, however, Respondents No.1 & 2, as a punitive measure, refused to consider me for selection”, the petitioner submitted, adding that the aforesaid actions of Respondents No. 1 & 2 militate against the fundamental rights of the petitioner as enumerated in Articles 4, 18, 24 and 25 of Constitution of Pakistan, 1973 which guarantee equality, justice, fair play and dignity for all persons.
He contended that the project itself is in furtherance of a public purpose. It pertains to the provision of books to the citizens of Pakistan through public funds in furtherance of a public welfare project being carried out by Respondent No. 1 through Respondent No. 2.
He stated that the funds for the project are earmarked for Pakistani children in disaster-affected areas and the need for transparent appropriation of these funds for the stated purpose of the project is self-evident. However, Respondent No.1 & 2 have refused to provide material information and documents that relate to the bidding process, the selection of vendors as well as the legal basis, status and authority of Respondent No.2’s activities in Pakistan and in particular its authority to establish and execute the ED-LINKS Project.The news
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