A two-member bench comprising Justice Syed Hassan Azhar Rizvi and Justice Kosar Sultana Hussain was hearing the plea filed against KE.
Advocate Amir Aziz argued that 20 people died due to the negligence of KE and faulty infrastructure. The bench observed that other agencies are also responsible due to illegal connections and cable systems.
Advocate Aziz said that these many deaths have never occurred in previous monsoon seasons.
KE's counsel submitted the power of attorney in the court.
The bench granted an extension to KE till the last week of September to submit their reply.
The plea stated that KE has failed to provide protection to citizens of Karachi and the National Electric Power Regulatory Authority (NEPRA) has also shown its incompetence. NEPRA only sought a report from KE instead of cancelling their licence, the plea argued. The plea prayed the court that KE's licence be cancelled and compensation be provided to affected families.
Another plea
Meanwhile, another plea was filed against KE on Wednesday on behalf of Jamat-e-Islami Chief Hafiz Naeemur Rehman by Advocate Usman Farooq. The petition stated that 46 people have died in Karachi during the monsoon rain due to KE's negligence. According to the petition, neither did the police register FIRs for the deaths nor did it initiate any investigation. The petition asks for KE to be directed to make their installations secure and pay compensation to the affected families. The petition also prayed the court that the police be ordered to initiate investigation after registering the case. The Jamat-e-Islami's petition nominates KE, NEPRA, the ministry of power division, Sindh government and Sindh IGP as respondents.
Speaking to the media after filing the plea, Rehman said that the police refused to register FIRs when families of the deceased went to lodge their complaints against KE. "Police, KE and the Sindh government have colluded in this crime," he said.
Lamenting that people are dying but FIRs are not being lodged against those responsible for it, he said that they had filed a plea three years ago but that case against the KE could not proceed. "We have mentioned in today's plea that this is not a case of Qatl-e-Khata [unintentional murder] because when citizens are complaining of electricity installations is electrocuting then why didn't they take action," he added. Besides, he remarked, according to NEPRA's report KE's system had to be improved but it wasn't. Rehman added that as the police comes under Sindh government, the provincial government has also been made a party.
Rehman also held the federal government accountable. "Forensic audit of KE should be done. The prime minister did not give a single statement when 40 people died of electrocution," he said.
Referring to Karachi Mayor's complaint against KE, he said "The Karachi mayor registered a very weak FIR. Twenty-five million people are asking for justice in Karachi. No one knows who has been nominated as parties in the ten FIRs that have been lodged in this regard. Not a single accused has been arrested as yet."
Families protest
The families of the three friends, residents of Defence Housing Authority, who died of electrocution during the recent rain spell, staged a protest outside KE's head office. The families were joined by social activists, students of Iqra University and MPAs and leaders of Pakistan Tehreek-e-Insaf and Pakistan Peoples Party.
Deceased Faizan's mother said that it was the KE's negligence that has caused this.
"We request that all agencies to fulfil their responsibilities," pleaded deceased Hamza's mother.
The protesters held banners flashing slogans against KE. Candles were also lit in memory of the deceased youngsters.
Association of Defence Residents Chairperson Humaira Khan said that the purpose behind the protest was to make KE realise that despite high bills being collected no relief is offered.
Meanwhile, another FIR was registered against KE at Jamshed Quarters Police Station bringing the total number of FIRs against KE for electrocution incidents during recent rain to 11.
KE's statement
KE issued yet another statement expressing its sympathies with the affected families and offering condolence. The power utility maintains that it is assessing the electrocution incidents and is cooperating with the investigation process along with various stakeholders, including NEPRA.
KE reiterated in its statement that it remains committed to Karachi and would undertake all required remedial measures in light of the investigation results. It also stated that the power utility would be initiating exercises to identify opportunities for infrastructure improvement to strengthen the reliability and safety of power supply.
According to the statement, preliminary findings indicate that illegally installed internet and TV cables as well as signal boosting devices were the underlying cause behind the incident in DHA. The statement mentioned that KE had suspended power supply in several areas of DHA which were submerged in rainwater and the power supply to the site of the incident had also been suspended as soon as KE was contacted.
"In view of the safety hazards posed due to illegal use of KE's infrastructure by Internet and TV cables, streetlight switches and Kundas, which bypass safety protection mechanisms, the power utility is taking strict action against all such interferences since August 19, 2019," read the statement.
Published in The Express Tribune, August 22nd, 2019.
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