NEPRA told to act against K-E if it fails to stop load-shedding

SHC directs national power regulator to ensure that K-Electric follows orders

Sindh High Court. PHOTO: EXPRESS

KARACHI:
The Sindh High Court (SHC) directed on Wednesday the National Electronic Power Regulatory Authority (Nepra) to take action against K-Electric (K-E) if the power utility fails to comply with its directives to stop load-shedding in the city.

A two-judge bench, headed by Justice Irfan Saadat Khan, further directed the national power regulator to ensure that directives issued to K-E were complied with in letter and spirit. These directives were given in a two-page order issued by the bench, which was reserved on Tuesday on a petition filed by a non-profit organisation seeking a judicial inquiry into the deaths of 1,000 residents due to the heatwave and severe electricity load-shedding in 2015.

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During the proceedings, Advocate Faisal Siddiqui for the petitioners had relied upon a portion of the order passed by Nepra, as well as earlier petitions filed by the petitioners. However, he had finally stated that he will be satisfied if the petition was disposed of by giving directions to the Nepra authorities - who regulate K-E - to get the order passed on the show-cause notice dated July 24, 2015 issued to K-E, regarding load-shedding.

The bench called upon Advocate Kashif Hanif, the lawyer representing Nepra, regarding any impediment to their order, to which he said that Nepra will comply the subject order in accordance with the law. He, however, expressed his reservations about consequential and probable elements that might crop up after the disposal of the current petition.


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The bench members observed that they were not required to consider such elements in the case at hand. The bench called upon K-E's distribution head Amir Zia and head of transmission Muhammad Adil for having any reservations in the implementation of Nepra's order. Both officers said that being the controller, the orders of the Nepra will be complied with in accordance with the law.

K-E's lawyer Advocate Abid S Zuberi, in the circumstances preferred not to agitate any element of maintainability of the petition and the locus standi of the petition, as indicated by him earlier.

Therefore, while disposing of the petition, the bench ordered that Nepra, being the regulator of K-E, was directed to make sure that the instructions issued by the court on the show-cause notice dated March 25, 2016, are being complied with by the K-E authorities in its letter and spirit.

"In case of non-compliance of the K-E authorities, the Nepra authorities will be at liberty to take appropriate action in accordance with the law against the K-E authorities," the bench ordered.
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