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TIP responds to legal notice by rental power company

Transparency International has replied to a legal notice served by one of the Rental Power Plants owners, Ms Walter Power saying that the international corruption watchdog has written to US authorities to take action against RPP Company because it has been proven guilty in the Supreme Court verdict.

The reply also mentions the SC verdict in RPPs case and says it seems that Ms Walters Power has not read the judgment, which has proven the RPPs of committing fraud in Pakistan.“It is such a shameful act that your client having failed to defend itself before the honorable apex court has stooped to a level of finding faults in the judgment and twisting the observations of the honorable apex court to find a way out of it.

There is no cavil to the fact that your client is guilty of committing fraud with the connivance of functionaries who were hands in glove with your client. Had your client or for that matter any one in your law firm gone through para 84 of the judgment of the honorable Supreme Court, it would have been noted that the honorable court did not give any observations but gave the findings which for all practical purpose are binding on all concerned with the matter”, Transparency International’s lawyer says in reply to RPP company’s letter.

This is to be noted that while hearing implementation report of NAB on RPP case verdict on 20 April 2012, a three-member bench of the Supreme Court of Pakistan headed by Chief Justice Iftikhar Muhammad Chaudhry expressed dismay over non-implementation of the court’s March 30 verdict in letter and spirit, in which it had rescinded all the RPP contracts by declaring them illegal and non-transparent besides asking the NAB chairman to proceed against all persons, including former power minister Raja Parvez Ashraf, the reply adds.

“Unless you apologize and withdraw your letter under reply, our client shall have no option but to refer the matter to the honorable Supreme Court praying that an action under law of contempt be initiated against your client.” The letter states that there has to be a limit of corruption and if some one is found guilty of such a shameful act, the person or persons should try to undo the wrong already done.

“All allegations levied by you against TIP and its ex-chairman were part of a campaign when TI-P challenged the award of Rental Power Plants in 2006 and 2008 and informed your associates, Public Accounts Committee, National Accountability Bureau and the honorable Supreme Court of Pakistan, through its letters in July 2009 and onwards that all these were illegal contracts and the information of the TIP proved to be correct after the honorable Supreme Court also came to the same findings. We have further instructions to say that TI-Pakistan has not given any statement as mentioned by you in your letter under reply. In fact TIP wrote a letter to Mr. Denis J, McInerney, Chief Fraud Section US Department of Justice, reporting the case of alleged corruption in Rental Power Plants and fraud in payment of Rental Power Plants detected by NEPRA, adjudicated by the Supreme Court of Pakistan on 30th March 2012.

TI-Pakistan had requested the Chief Fraud Section US Department of Justice to examine the case and take action against the US firms under the anti-bribery provisions of the FCPA Act 1977. In case FPCA determines that US firms, which include GE, Walter Powers as guilty, they may take action under their own law”, the reply adds.

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