Supreme Court suspends LHC verdict on electricity surcharges

Federal govt had told the court that it would suffer irreparable loss if LHC judgment is not overturned


Hasnaat Mailk June 08, 2015
PHOTO: REUTERS

ISLAMABAD: The Supreme Court while accepting the federal government’s plea on Monday suspended Lahore High Court’s May 29 verdict declaring surcharges worth over Rs100 billion on electricity consumers as both ‘unconstitutional and illegal.’

A three-judge bench of the apex court headed by Chief Justice Nasirul Mulk on Monday took up the Ministry of Water and Power’s plea and suspended the LHC order. The Ministry of Water and Power had moved a petition under Article 185 (3), expressing apprehension that it will suffer irreparable loss if the judgment is not overturned.

Read: Amid fear of losses: Ministry wants LHC ruling overturned

The bench also issued notices to all the respondents and adjourned the hearing for an indefinite period.

On May 29, the Lahore High Court struck down Section 31(5) of the Regulation, Transmission and Distribution of Electric Power Act of 1997. Under this Act, electricity supply companies added surcharges to the monthly bills of electricity consumers.

Read: LHC declares surcharges on electricity bills unconstitutional

Attorney General for Pakistan Salman Aslam Butt on behalf of federal government submitted that laws relating to economic activities and utilities should be viewed with greater latitude than laws touching civil rights.

“In the utilities and economic regulation cases, there are good reasons for judicial self-restraint if not judicial deference to legislative judgment. The said principles, as enunciated by this honourable court, were not followed or kept into mind by the learned division bench of the  Lahore High Court while passing the impugned judgment, which is liable to be set aside” the petition stated.

Read: Loadshedding Woes: Ministry of Water and Power directed to submit report

The petition further said that the federal government is providing a huge subsidy to the people of Pakistan. This is in line with the mandate and policy framework approved by Council of Common Interests (CCI).

One of the essential components of the Power Policy is to safeguard the low end consumers from any price escalation and tariff rationalisation with an aim to minimise subsidy within industrial, commercial and bulk consumers.

COMMENTS (8)

Ahmad Imran Ghazi | 8 years ago | Reply Dear All Commentators, I would request you to please use socially responsible language while passing remarks about courts and judges. Courts decide on whatever is presented before them and according to laws of the land. All due process is corroborated by logic and reasoning besides law and precedent. Laws are laws and courts follow the same, mutatis mutandis. This is why there exists an hierarchy of courts to redress the unresponded grievances of citizens.
Usman Hasan | 8 years ago | Reply Irrepairable loss to the government??!?! What about the Criminalistic LOSS caused to the people of Pakistan???? They have legally looted the 100 Billion!!! They must BE PAID WITH DAMAGES INCURRED 5 TIMES OVER... This will be Justice, Mr. Justices of The Supreme Court of The Islamic Republic of Pakistan...
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