SC sets strict schedule for fuel price adjustment case

AAG highlights challenges in recovering Rs40 billion following LHC’s ruling against FPA in electricity bills

ISLAMABAD:

The Supreme Court has issued notice to the attorney general for Pakistan (AGP) in a case pertaining to fuel price and quarterly adjustments in the electricity bills and sought arguments from the lawyers.

A three-member bench led by Chief Justice of Pakistan (CJP) Qazi Faez Isa heard the case against 1,090 applications.

Earlier this year, the Lahore High Court (LHC) had declared the fuel price adjustment in electricity bills illegal.
The distribution companies (Discos) had approached the Supreme Court against the LHC’s decision.

As the hearing of the case commenced, Additional Attorney General (AAG) Aamer Rehman requested the court to adjourn the case. He said the AGP himself wanted to give arguments but had not been issued a notice for the purpose.

The apex court turned down the AAG’s plea and directed him to prepare for the case, stating that the hearing would start after a break.

As the petitioners’ counsel requested the court to schedule the case for early hearing, the CJP asked why they were in a haste and hoped that no lawyer would seek adjournment during the next hearing.

He remarked that parties on both the sides included industrialists and power producing companies who were wealthy enough to bear the travelling costs of the lawyers.

God willing, the case will not be adjourned during the next hearing, the top judge said.

The AAG told the court that there were difficulties in the recovery of Rs40 billion due to the Lahore High Court’s (LHC) decision.

During the hearing, the chief justice remarked that there was a pile of cases on electricity prices and that the verdict would be announced after listening to the counsels on October 16. He said the facility of video link will not be provided on the day.

The top judge asked all the parties concerned to come to the federal capital and give arguments and noted that no adjournment of the case would be allowed.

Addressing lawyer Khawaja Tariq Rahim, the top judge hoped that the counsel would be present in the court during the next hearing instead of seeking the video link facility.

He further said that a respondent could file written submissions if they wished to.

Raising question on the maintainability of petitions, the chief justice asked why intra-court appeals were not filed against the LHC single bench order.

Noting that a few applicants had raised question on the maintainability of the appeals, the CJP maintained that it was a complicated matter.

The top judge recalled that his verdict was also available on an intra-court appeal as well as other judgments on the matter.

He said that first the court would decide the maintainability of the appeals after hearing arguments on legal points during the next hearing, adding that the court was also serving notice to the AGP as the cases were related to federal laws.

The court adjourned the hearing of the case till October 16, declaring that the verdict would be announced after listening to the counsels.