ISLAMABAD: The Supreme Court directed the federal government to appoint members of the National Electric Power Regulatory Authority (Nepra) Appellate Tribunal within 10 days, and make the tribunal functional, and provide all necessary infrastructure for its immediate working.
A two-member bench, headed by Chief Justice Gulzar Ahmed, heard a suo motu case on excessive and unannounced loadshedding in Sindh.
"The authority may proceed to implement Section 26 of the Act of 1997, and make its determination, said the court.
"While making such determination, the authority shall not be hampered by any court, either by issuing of any injunctive order or issuing any writ.
"The authority, after making the determination, which it shall do within one month, will file a report before this court.
Under Section 12A of the Act of 1997, the federal government is required to constitute an Appellate Tribunal," according to the court.
The court was apprised that the notification of constitution of the tribunal has already been issued but members of the tribunal have not been appointed yet.
The bench, therefore, ordered the federal government to appoint members within 10 days.
Expressing dismay over the reply of the Power Division of the Ministry of Energy's report said: "We have examined the reply and found it to be thoroughly unacceptable and does not comply with the Court's order."
The court noted that it seems that this very reply of the Power Division goes contrary to what the Nepra is doing and taking action against K-Electric.
"There seems to be no coordination between the Power Division, Nepra and NTDC.
"The Ministry of Energy is required to ensure that there is proper coordination between all the departments, and whatever is to be done with regards to K-Electric should be a coordinated decision taken by all the relevant departments, agencies and companies, and the same should be executed by one department i.e. there should be one-window operation with the K-Electric," the court said.
The chief justice said "since 2015, K-Electric has not given a single penny to the government. It does not supply electricity to people and money to the government."
He said Karachi that used to generate 60 percent to 70 percent revenue has now nothing to give.
He further said that billions of rupees allocated for Karachi but nothing is spent on it. Everyone wants to make money out of Karachi and to deposit in their foreign accounts. Already billions of rupees have been transferred abroad, the chief justice added.
Justice Gulzar questioned where is the writ of the federal government?
A person who remained Karachi mayor for four years has not laid down a single drainage pipeline.
He said the government is responsible to look after the city, adding they are aware that those who are involved in "wheeling and dealings" of Karachi did nothing for the city and contrary to that snatched bread from the poor people.
Justice Ijazul Ahsan said the K-Electric has made people of Karachi a hostage.
The chief justice said K-Electric was playing a "horrible game" with the people of Karachi.
Attorney General Khalid Jawed Khan contended that since the last date of hearing (13-08-2020) the situation in Karachi has gone from bad to worse as on the present day almost half of the Karachi does not have supply of electricity.
Abid Zuberi, the counsel for K-Electric, said such as state of affairs was because of rains in that have badly battered the infrastructure of K-Electric.
The bench said if that be so, K-Electric being a private company, should employ its own resources for ensuring clearing of its sub-stations, and other distribution network from the rain water, and it, in this regard, cannot wait for any assistance from the government.
The court said the K-Electric is a private company, which has to do its own work and its basic work being supply of electricity to the city of Karachi; such work cannot be interrupted for mere reason that its installations have been affected by rains.
As a private institution, it should immediately take care a such installations so that electricity supply is restored to its consumers.
"K-Electric cannot blame any institution of the government in this regard, for that, K-Electric has to do its own work and maintain its installations and also to secure them from any weather effect," according to the court.
The AGP submitted that he has not been able to consult the officials of the Ministry of Energy (Power Division); therefore, he needs time for such consultation before he gives a proper report to the court.
He cited the Section 26 of the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997.
The AGP contended that the issue of electricity in Karachi is that K-Electric has exclusive right of generation and distribution of electricity in the city of Karachi, and, therefore, to overcome the issue of exclusivity, the above quoted provision of law has to be given effect and the determination has to be made by the authority.
The court noted; "As the law has provided the provision, we do not see any impediment as to why the authority is not empowered to give effect to the said provision of law."
During the course of proceedings, the chief justice said the government is doing nothing for the benefit of the people.
"There is no part of Karachi where people are living in peace. The power sector does not have capacity, the Chief Justice added. The case was adjourned for one week.
Copyright Business Recorder, 2020
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