Privatisation concern: SC issues written order in power plant case

A three-judge bench expresses its displeasure over a federal govt move to privatise power plants.

ISLAMABAD:

A three-judge bench of the Supreme Court on Tuesday expressed its displeasure over the federal government’s decision to privatise power plants despite the fact that the matter is currently pending in court.

In its order, authored by Chief Justice Iftikhar Muhammad Chaudhry, the court mentioned that Miangul Hassan Aurangzeb, counsel for Habibullah Energy Limited, pointed out that he has been informed by the legal consultant appearing for the privatisation commission in this case that a decision has been taken for privatisation of 1,350MW TPS Muzaffargarh (JENCO-III, (3 x 50) MW FBC coal-fired Lakhra Power Station (GENCO-IV), Faisalabad Electric Supply Company (Fesco) and  Islamabad Electric Supply Company (IESCO) distribution companies and he has also received documents from him.

Additional Attorney General Shah Khawar, when confronted with the development based on documentary evidence, stated that he on his own established contact with Water and Power Secretary Saifullah Chattha on August 19 after hearing of this case for soliciting fresh instructions.



The secretary has not pointed out to him about the development except that he would contact the minister and the chairman for water and power and will get back to him.

Shahid Hamid, counsel for the Water and Power Development Authority (Wapda), stated that he had no knowledge about the decision taken by the prime minister for the privatisation of power plants.

According to him, this has come as a surprise for him for being pointed out during the hearing by the counsel for one of the appellants.

‘On this, we have called Secretary Saifullah Chattha, who appeared in person and stated that the documents which have been presented before the court, including the decision has been taken and he has submitted the summaries, etc. But when we inquired from him as to whether this information was shared by him with the Additional Attorney General for Pakistan or with the counsel appearing on behalf of Wapda chairman. He candidly conceded that these facts were not brought to their notice.”

However, he stated that he was contacted only by the learned additional attorney general, adding that he could not understand the information which he wanted to inquire from him.

However, the statement as required by the water and power secretary has not been filed.

He is directed through the Additional Attorney General to do the needful during the course of the day enabling this court to incorporate his statement in the instant order as it is to be read out as part of this order.

As per the observations and directions of this court, National Electric Power Regulatory Authority (Nepra) chairman has calculated the price of bids offered by the appellants and the respondents. He has prepared a statement, which is directed to be kept on record. The case is adjourned for August 21, 2013.

Published in The Express Tribune, August 21^st, 2013.