2020 PLP 1702 (SCMR)

S. 26

Human rights case

Matter of excessive and unannounced load shedding in Province of Sindh and the Provincial capital (i.e. Karachi')

Lack of coordination between private electricity utility company (K-Electric) and relevant government departments

Infrastructure of utility company submerged in rain waters

Whether it was in the public interest for the utility company to have the exclusive right to generate and distribute electricity

Observations and directions recorded by the Supreme Court to resolve the issue of excessive and unannounced load shedding. There seemed to be no coordination between the Power Division (Ministry of Energy), the National Electric Power Regulatory Authority (NEPRA) and the National Transmission and Despatch Company (NTDC) in the matter of acting against the private electricity utility company (K-Electric), which was exclusively distributing electricity in the Provincial capital. The Ministry of Energy (Power Division) was required to ensure that there was proper coordination between all the departments and whatever was to be done with regard to the utility company (K-Electric), a coordinated decision should be taken by all the relevant departments, agencies and companies, and the same should be executed by one department, in that, there should be one window operation with the utility company (K-Electric). The utility company (K-Electric) should not be allowed to go about dealing with various departments of the Government or companies or agencies for achieving its objectives. Infrastructure of the utility company (K-Electric) was submerged or inundated in rain waters. Utility company (K-Electric) being a private company, should apply its own resources for ensuring clearing of its sub-stations and other distribution network from the rain waters and in such regard, it could not be allowed to wait for any assistance from the Government. Utility company (K-Electric) had to do its own work and its basic work being supply of electricity to the Provincial capital, such work could not be interrupted for the mere reason that its installations had been affected by rain. As a private institution, it should immediately care for such installations and have them cleared immediately, so that, electricity supply was restored to its consumers. The utility company(K-Electric) could not blame any institution of the Government in such regard, for that, it had to do its own work and maintain its installations and also secure them from any effect of weather. Law officer informed the court that the issue of electricity in Provincial capital was that the utility company (K-Electric) had exclusive right of generation and distribution of electricity in the Provincial capital, and therefore, to overcome the issue of exclusivity, section 26 of the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 ('the 1997 Act'), which provided the procedure for changing the conditions of license issued to a licensee (utility company), had to be given effect and the determination had to be made by NEPRA. As the law had provided the said provision, there was no impediment as to why NEPRA was not empowered to give effect to the said provision of law. The Authority (NEPRA) may proceed to implement section 26 of the Act and make its determination. While making such determination, NEPRA shall not be hampered by any Court, either by issuing of any injunctive order or issuing of any writ. The Authority (NEPRA), after making the determination, within one month, shall file a report before the Supreme Court. Case was adjourned.

S. 12A

Human rights case

Appellate Tribunal

Members, appointment of

Under S. 12A of the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997, the Federal Government was required to constitute an Appellate Tribunal

Notification of constitution of the Appellate Tribunal had already been issued but Members of the same had not been appointed yet

Supreme Court directed that Federal Government shall appoint Members of the Appellate Tribunal within 10 days and make the same functional and provide all necessary infrastructure for its immediate working

Case was adjourned. In Attendance Khalid Javed Khan, Attorney General for Pakistan, Sohail Mehmood, Deputy Attorney General, Farrukh Dall, Assistant Attorney General, Umer Rasool, Secretary, Power Tauseef Farooqi, Chairman, NEPRA, Kashif Hanif, Advocate Supreme Court (for NEPRA), Abid S. Zuberi, Advocate Supreme Court (for K-Electric) along with Syed Moonis Abdullah Alvi, CEO, K-Electric (via video link from Karachi), Muhammad Munir Paracha, Advocate Supreme Court, Syed Rifaqat Hussain Shah, Advocate-on-Record (for HESCO and SEPCO), Muhammad Yaqoob, CEO, HESCO, Zaheer Sheikh, Chief Operating Officer, HESCO, Muhammad Saleem Khan, CEO, SEPCO, Sukkur, Sattar Bux Soomro, Director, SEPCO, Arshad M. Tayebaly, Advocate Supreme Court, Tariq Aziz, Advocate-on-Record (in C.M.A. No.76/2020) and Faisal Siddiqui, Advocate Supreme Court (via video link from Karachi).