A province in surplus: Peshawar Hight Court stays petroleum ministry, SNGPL from gas load-shedding

All Pakistan CNG Association K-P petition says authorities violating Constitution

PESHAWAR: The Peshawar High Court issued a stay order against the federal Ministry of Petroleum and Natural Resources and Sui Northern Gas Pipeline Limited (SNGPL) for gas load-shedding in Khyber-Pakhtunkhwa.

All Pakistan CNG Association K-P members filed a writ petition through Advocate Shumail Butt, stating the province was producing gas in surplus. Butt told a division bench comprising Justice Yahya Afridi and Justice Roohul Amin that in a judgement in 2010, the PHC had stopped the ministry and SNGPL from managing the gas load in K-P, but the order was not complied with. Calling it a contempt of court, Butt added gas management was causing commercial users and domestic consumers immense problems.



Gas load-shedding has made it difficult for consumers to carry out their routine work, stated the petition. The lawyer added gas load-shedding was also in violation of Article 158 of the Constitution of Pakistan, which says a province where a wellhead of natural gas is situated should have precedence over other parts of Pakistan in meeting requirements.

After hearing the arguments, the bench directed the ministry and the company to supply gas across K-P and also issued notices to the respondents of the petition—the secretary of the petroleum minister, managing director and general manager of SNGPL and the commissioner of Malakand—a division rich with natural resources.

The petition said respondents violated Article 5 of the Constitution by going against the law, as they were dishonouring Article 158 by limiting gas supply. The petition added K-P produced more gas than it requires.

Earlier orders

In an earlier judgement on gas load management and delinking of CNG stations, the court had ordered K-P’s gas needs must be prioritised over any other part of Pakistan. However, SNGPL did not concede, allowing the federal government to export to gas-deficient Punjab. Such a move also results in faulty pipelines, further aggravating the low pressure situation in K-P, read the petition. The federal government has also placed a moratorium on new connections, as well as the extension of load for domestic and industrial connections.

The petition stated the Ministry of Petroleum and Natural Resources was insincere in its dealing with K-P despite the fact the province produces surplus gas.

In excess

K-P is a net exporter and produces over 362 million cubic feet (mmcf) of gas per day and consumes only 293mmcf. The petition added the minister was not interested in the gas fields of K-P – those in Makori East and Mamikhel high.

Since the percentage of unaccounted for gas is higher than industry standard and what Oil and Gas Regulatory Authority allows SNGPL, the petroleum secretary, and SNGPL general manager decided to use low gas pressure as a method to account for the gap.

The petition also said district administrations do not have the power to close CNG stations or to manage gas load.

Published in The Express Tribune, January 14^th, 2016.