Register
SCMR 2020

2020 PLP 1488 (SCMR)

NAIMATULLAH KHAN ADVOCATE and others — Petitioners Versus FEDERATION OF PAKISTAN and others — Respondents

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Constitution Petition No.9/2010, C.M.A. No. 6206/2013, C.M.A. No..1552-K/2018 in Const. P. No.9, C.M.A. No.1600-K/2018 in Const. P. No.9, C.M.A. No.22-K/2019 in Const. P. No.9, C.M.A. No.23-K/2019 in Const. P. No.9, C.M.A. No.59-K/2019 in Const. P. No.9, C.M.A. No:101-K/2019 in Const. P. No.9, C.M.A. No.311-K/ 2019 in Const. P. No,9, C.M.A. No.349-K/2019 in C.P. No.815-K/ 2016, C.M.A. No.394-K/2019 in Const. P. No.9, C.M.A. No.423-K/ 2019 in Const. P. No.9, C.M.A. No.425-K/2019 in Const. P. No.9, C.M.A. No.459-K/2019 in Const. P. No.9, C.M.A. No.460-K/2019 in Const. P. No.9, C.M.A. No.521-K/2019 in Const. P. No.9. C.M.A. No.527-K/2019 in Const. P. No.9, C.M.A. No.556-K/2019 in Const. P. No.9, C.M.A. No.606-K/2019 in Const. P. No.9,. C.M.A. No.617-K/2019 in Const. P. No.9, C.M.A. No.631-K/2019 in Const. P. No.9, C.M.A. No.796-K/2019 in Const. P. No.9, C.M.A. No.830-K/2019, Const. P. No.9, C.M.A. No.831-K/2019 in Const. P. No.9, C.M.A. No.875-K/2019 in Const. P. No.9, C.M.A. No.889-K/2019 in Const. P.No.9, Const. P. No. 9, C.M.A. No. 896-K/2019, in Const. P. No. 9, C.M. Appeal No. 116/2019 in C.M.A. Nil/2019 in Const. P. No. 9, C.M.A. No. 933-K/2019 in Const. P. No. 9, C.M.A. No. 964-K/2019 in Const. P. No. 9, C.M.A. No. 23-K/2020 in Const. P. No. 9, C.M.A. No. 74-K/2020 in Const. P. No. 9, C.M.A. No. 78-K/2020 in Const. P. No. 9, C.M.A. No. 81-K/2020 in Const. P. No. 9, C.M.A. No. 82-K/2020, in Const. P. No. 9, C.M.A. No. 83-K/2020, in Const. P. No.9, C.M.A. No. 162-K/2020 in Const. P. No. 9, C.M.A. No. 163-K/2020 in Const. P. No. 9, C.M.A. No. 165-K/2020 in Const. P. No. 9, C.M.A. No. 167-K/2020 in Const. P. No. 9, C.M.A. No. 177-K/2020 in Const. P. No. 9, C.M.A. No. 179-K/2020 in Const. P. No. 9, C.M.A. No. 193-K/2020 in Const. P. No. 9, C.M.A. No. 202-K/2020 in Const. P. No. 9, C.M.A. No. 281-K/2020 in Const. P. No. 9, C.M.A. No. 282-K/2020 in Const. P. No. 9, C.M.A. No. 300-K of 2020 in Const. P. No. 9, C.M.A. No. 318-K/2020, C.M.A. No. 336-K/ 2020, C.M.A. No. 346-K/2020, C.M.A. No. 367-K/2020, C.M.A. No.391-K/2020, in Const. P. No. 9, C.M.A. No. 414-K/2020 in Const. P. No. 9, C.M.A. No. 442-K/2020 in Const. P. No. 9, Crl. O.P. No. 1-K/2020 in Const. P. No. 9, Crl. Org. P. No. 2-K/2020 in Const. P. No.9, Crl. Org. P. No. 4-K/2020 in C.M.A. No. 149-K/2020 in Const. P. No. 9, Crl. Org. P. No. 5-K/2020 in Const. P. No. 9, C.R.P. No.12-K/2020 in Const. P. No.9, C.M.A. No.334-K/2020 in C.R.P. No.Nil-K/2020 in Const. P. No.422-K/2020, Crl. O.P. No. 7-K/2020 in Crl. O.P. No. 11-K/2016, Crl. O.P. No. 19-K/2017 in Crl. O.P. No. 7-K/2017, Crl. M.A. No. 121-K/2017 in Crl. O.P. No. 7-K/2017, Crl. M.A. No. 121-K/2017 in Crl. O.P. No. 7-K/2017, Crl. M.A. No.124-K/2017 in Crl. O.P. NO. 7-K/2017, Crl. M.A. No. 132-K/2017 in Crl. O.P. No. 7-K/2017, Crl. M.A. No. 111-K/2018, in Crl. M.A. No.132-K/2017 in Crl. O.P. No. 7-K/2017, Crl. M.A. No. 243-K/2018 in Crl. M.A. No. 3-K/2018 in Cr1. Org. P. No.7-K, Crl. M.A. No.19-K/2018 in Crl .Org. P.No.19-K/2018 in Crl. Org. P. No.7-K, Crl. M.A. No. 20-K/2018 in Crl. Org. P. No. 7-K, Crl. M.A. No.25- K/2018 in Crl. Org. P. No.7-K, Crl. M.A. No.32-K/2018 in Cr1. Org. P. No.7-K, Crl. M.A. No.38-K/2018 in Crl. Org. P. No.7- K, Crl. M.A. No.44-K/2018 in Crl. Org. P. No.7-K, Crl. M.A. No.52-K/ 2018 in Crl. Org. P. No.7-K, Cr1. M.A. No.59-K/2018 in Crl. Org. P. No.7-K, Crl. M.A. No.7-K/2018 in Crl. Org. P. No.7-K, Crl. M.A. No.72-K/2018 in Crl. Org. P. No.7- K, Crl. M.A. No.95-K/2018 in Crl. Org. P. No.7-K, Crl. M.A. No.199-K; 2018 in Crl. Org. P. No.7-K, Crl. M.A. No.214-K/2018 in Crl. M.A. No.229-K/2018 in Crl. Org. P. No.7-K, Cr1. M.A.No.1-K/2019 in Crl. Org. P. No.7-K, Crl. M.A. No.2-K/2019 in Crl. Org. P. No.7, Crl. M.A. No.34-K/2020 in Crl. Org. P. No.7-K, Const. P. No.47/2011, Crl. Org. P. No.11/2015 in Const. P. No.47/2011, Crl. Org. P. No.199/2016 in Const. P. No.47 and H.R.C. No.22978-S/2014, decided on 11th August, 2020.
Honorable Judges
Gulzar Ahmed, C.J., Faisal Arab and Ijaz ul Ahsan, JJ
Case Reference Summary (AEO Optimized)
Citation 2020 PLP 1488 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Gulzar Ahmed, C.J., Faisal Arab and Ijaz ul Ahsan, JJ
Parties NAIMATULLAH KHAN ADVOCATE and others — Petitioners Versus FEDERATION OF PAKISTAN and others — Respondents
Primary Law (c) Constitution of Pakistan, (a) Constitution of Pakistan, (b) Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2020 PLP 1488 (SCMR)?

This judgment primarily cites: (c) Constitution of Pakistan, (a) Constitution of Pakistan, (b) Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2020 PLP 1488 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Gulzar Ahmed, C.J., Faisal Arab and Ijaz ul Ahsan, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2020 PLP 1488 (SCMR) (NAIMATULLAH KHAN ADVOCATE and others — Petitioners Versus FEDERATION OF PAKISTAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

(c) Constitution of Pakistan (a) Constitution of Pakistan (b) Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997)

Representation

  • NAIMATULLAH KHAN ADVOCATE and others---Petitioners
  • Khalid Javed Khan, Attorney General for Pakistan, Salman Talib-ud-Din, Advocate General Sindh, Tauseef Farooqui, Chairman NEPRA, Ms. Nadia Nabi, Legal Advisor, Hafiz Irfan, Deputy Director (For NEPRA), Abid S. Zuberi, Advocate Supreme Court, Syed Moonis Abdullah Alvi, CEO (For K-Electric), Faisal Siddiqui, Advocate Supreme Court, Salahuddin Ahmed, Advocate Supreme Court and Arshad M. Tayabali, Advocate Supreme Court.
  • We have heard the Chairman NEPRA so also CEO of K-Electric, learned Attorney General for Pakistan, learned Advocate General, Sindh, Mr. Faisal Siddiqui, learned ASC, Mr. Salahuddin Ahmed, learned ASC and Mr. Arshad M. Tayabali, learned ASC who have assisted the Court in the matter. Mr. Faisal Siddiqui, learned ASC has brought to our attention pendency of H.R.C. No.20883-S/2018 having nexus with the issue. We have called the file of the said case and have attached the same with the present proceedings.

Headnotes / Summary

Art. 184(3)

Matter regarding electrocution of citizens of Karachi due to snapped electric wires falling from polls

No valid explanation was given to Court as to why such incidents took place

Most of the deaths (by electrocution) took place on the streets where snapped electric wires from the polls fell down and people got electrocuted more particularly during rains when snapped wires were inundated

Supreme Court directed that the concerned utility company (K-Electric) shall take all steps and measures to ensure that in future no electrocution of residents of Karachi took place and in case any such incident occurred, the CEO and other officers of the utility company (K-Electric) shall be taken to task and exceptional amount of damages shall be recovered from them; that criminal cases shall also be registered against the CEO and others officers of the utility company (K-Electric) including Director Operations and General Managers of the respective areas and other officials.

S. 12A

[NEPRA] Appellate Tribunal

Non-appointment of Members

Members of the [NEPRA] Appellate Tribunal had not been appointed as yet

Supreme Court asked the Attorney General to look into the matter and ensure that Members of [NEPRA] Appellate Tribunal were appointed and the Tribunal started functioning

Supreme Court directed that two months' time was allowed for doing the same, and the Federal Law Secretary shall also ensure that the Members of the Tribunal became functional within two months' time.

Arts. 9, 15, 18 & 25

Issue of load shedding in Karachi city

Infringement of Fundamental rights of citizens

Electricity was a Federal subject under the Constitution and it was incumbent upon the Federal Government to ensure that the citizens were not deprived of the facility of electricity as it was a matter of right to life, right of dignity of man and privacy of home, right to trade and business, profession or occupation and right to equality under the Constitution

Federal Government and NEPRA were under a duty to ensure that citizens of Karachi and other places in the country were not deprived of electricity and the menace of load shedding; that they had to ensure a secure and healthy life for the people, and also give them an opportunity of doing their trade, business, profession and occupation, which would ultimately make the State prosperous with content and happy citizens

Supreme Court directed that CEO of the concerned utility company (K-Electric) shall give to the Court a roadmap along with a timeline by which zero load shedding would be achieved in Karachi. In Attendance: Khalid Javed Khan, Attorney General for Pakistan, Salman Talib-ud-Din, Advocate General Sindh, Tauseef Farooqui, Chairman NEPRA, Ms. Nadia Nabi, Legal Advisor, Hafiz Irfan, Deputy Director (For NEPRA), Abid S. Zuberi, Advocate Supreme Court, Syed Moonis Abdullah Alvi, CEO (For K-Electric), Faisal Siddiqui, Advocate Supreme Court, Salahuddin Ahmed, Advocate Supreme Court and Arshad M. Tayabali, Advocate Supreme Court.

Judgment & Decree

We have heard the Chairman NEPRA so also CEO of K-Electric, learned Attorney General for Pakistan, learned Advocate General, Sindh, Mr. Faisal Siddiqui, learned ASC, Mr. Salahuddin Ahmed, learned ASC and Mr. Arshad M. Tayabali, learned ASC who have assisted the Court in the matter. Mr. Faisal Siddiqui, learned ASC has brought to our attention pendency of H.R.C. No.20883-S/2018 having nexus with the issue. We have called the file of the said case and have attached the same with the present proceedings.

2. The Chairman NEPRA states that as many as 60 investigations have been conducted by it in the affairs of K-Electric and when the reports are at implementation stage, K-Electric obtains stay orders from Court and thus all the investigations so far made by NEPRA are pending in the court and none of the investigations has resulted into any fruitful result, for that they have all been stayed by the court. Let a list of cases which have been filed by K-Electric be placed before this Court by Chairman NEPRA along with copies of the stay orders that are said to have been passed. Further proceedings on such stay orders will be taken by this Court appropriately. So far the question of electrocution of the residents of Karachi is concerned, no valid explanation has been given as to why such incident takes place. It is, however, stated by the learned counsel for K-Electric that most of the deaths take place in the houses. Such assertion of the learned counsel is contradicted and it has been explained that most of the deaths take place on the streets where electric wires from the polls snaps fall down and people get electrocuted more particularly during rains where snapped wire is inundated. K-Electric shall ensure and take all steps and measures that in future no electrocution at all takes place to the residents of Karachi and in case any such incident occurs, the CEO and other officers of K-Electric shall be taken to task and exceptional amount of damages shall be recovered from them. Further criminal cases shall also be registered against the CEO and others officers of K-Electric. The officers include Director Operations and General Managers of the respective areas and other officials of K-Electric. The Chairman NEPRA states that measures are being adopted to ensure that K-Electric functions and performs its work to the optimum level and the residents of Karachi are not put to any sort of difficulty and further there is no disconnection of electricity in Karachi.

3. NEPRA Appellate Tribunal is stated to have been constituted but its Members have not been appointed as yet. The learned Attorney General for Pakistan has been asked to look into the matter and ensure that Members of NEPRA Appellate Tribunal are appointed and the Tribunal starts functioning. Two months' time is allowed for doing so. Federal Secretary Law shall also ensure that Members of NEPRA Appellate Tribunal are appointed and the Tribunal becomes functional within two months' time. Copy of the order be sent to the Federal Secretary Law, Islamabad.

4. The CEO of K-Electric shall give to the Court a roadmap by which zero load shedding will be achieved in Karachi. The timeline of making of such achievement shall also be given by the CEO. Let the report be filed by the CEO by 13.08.2020 in court which will be considered and dealt with in accordance with law. The Chairman NEPRA shall also appear before the court on 13.08.2020.

5. We may note that "Electricity", which is a Federal subject under the Constitution and it is incumbent upon the Federal Govt. to ensure that the citizens are not deprived of the facility of electricity as it is a matter of right to life in terms of Article 9 of the Constitution, further right of dignity of man and privacy of Home in terms of Article 15, right to trade and business, profession or occupation in terms of Article 18 and right to equality under Article 25 of the Constitution. These are the fundamental rights of the people which cannot be abridged nor can it be diminished or lessened. The State and its functionaries cannot abdicate the duty imposed upon them to ensure that these fundamental rights are fully secured to the people. Further the Principle of Policy of Protection of family, promotion of social justice and eradication of social evil, promotion of social and economic wellbeing of the people are among those which are the responsibility of the State and each person performing functions on behalf of the State is required to act in accordance with these Principles of Policies. Thus, the Federal Government and NEPRA are under duty to ensure that the citizens are not deprived of electricity and the menace of load shedding in Karachi as well as in other places of the Country and altogether be brought to an end. Assuring not only secure healthy life of the people of citizens but also giving opportunity to them of doing their trade, business, profession and occupation, which ultimately will make the State prosperous with content and happy citizenry.

6. The remaining cases are adjourned for tomorrow i.e. 12.08.2020. MWA/N-12/SC Order accordingly.

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  • Journal: SCMR
  • Volume Year: 2020
  • Citation Ref: 2020 PLP 1488 (SCMR)

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