The petition was filed by Ghulam Mustafa Mahesar advocate through his counsel Barrister Zamir Ghumro. The respondents include the Sindh chief secretary, the secretary for mines and mineral development, the federal cabinet secretary, the secretary for water and power, the chairman of the Sindh Coal Authority and the Thar Coal and Energy Board.
The petitioner alleged that the respondents, who were government functionaries, had connived to notify the board through the cabinet secretariat. But when they realised their folly, that coal was a provincial subject, they coerced the provincial government into notifying the Thar Coal and Energy Board.
The petitioner also alleged that both the federal and provincial governments were working to favour some companies after accepting kickbacks from them. The petitioner maintained that if the federal authorities were allowed to meddle then the leases of the coal fields would be given by the federal secretary for water and power, which is illegal and unconstitutional.
The petitioner maintained that the coal reserves of Thar were about 1.85 trillion tons and the second largest in the world. The coal from Thar could be used to generate electricity at the cheapest rates.The petitioner requested the court to declare a notification regarding the Thar Coal and Energy Board as illegal and direct the respondents to act through the Sindh Coal Authority on all matters as per section 7 of the Sindh Coal Authority Act 1993. On Tuesday, the bench heard the arguments from both sides and reserved its judgment.
Published in The Express Tribune, November 3rd, 2010.
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