| Case ID |
09f7895f-70b5-426e-af3b-e072cd7e57c4 |
| Body |
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| Case Number |
Intra Court Appeal No. 389 of 2015 |
| Decision Date |
Jun 12, 2017 |
| Hearing Date |
|
| Decision |
The Lahore High Court upheld the decision of the Single Judge, affirming that the provision of an electricity connection is a fundamental right of citizens under the Constitution of Pakistan. The court found that the Respondent had a legitimate claim for a domestic three-phase connection and that the refusal by the Appellants was unjustified. The Division Bench dismissed the intra-court appeal, emphasizing that the High Court's role is to protect and enforce the fundamental rights of citizens, which include access to essential services like electricity. The decision reinforced the notion that such rights cannot be denied without valid reasons, especially when the applicant is ready to fulfill all necessary conditions for obtaining the connection. |
| Summary |
In the case of Intra Court Appeal No. 389 of 2015 decided by the Lahore High Court, the core issue revolved around the fundamental right to electricity connection as enshrined in the Constitution of Pakistan. The Respondent, Asghar Ali Rana, sought a domestic three-phase electricity connection after facing refusal from GEPCO, which cited policy constraints related to housing societies. The Single Judge's ruling was based on the principle that access to electricity is a fundamental right, particularly in modern times where life without electricity is impractical. The Division Bench affirmed this ruling, emphasizing the importance of protecting citizens' rights against arbitrary refusals by state entities. This case highlights the judicial commitment to uphold fundamental rights and ensure that essential services are accessible to all citizens, regardless of administrative policies that may unjustly restrict such access. Keywords: fundamental rights, electricity connection, Lahore High Court, legal precedent, constitutional law, citizens' rights, access to services. |
| Court |
Lahore High Court
|
| Entities Involved |
GEPCO,
Small Business Finance Corporation
|
| Judges |
AYESHA A. MALIK,
JAWAD HASSAN
|
| Lawyers |
P&E GEPCO for Appellants,
Ch. Muhammad Aslam for Respondent
|
| Petitioners |
CHIEF EXECUTIVE, GEPCO AND 3 OTHERS
|
| Respondents |
ASGHAR ALI RANA
|
| Citations |
2018 SLD 1523,
2018 YLR 1391
|
| Other Citations |
2009 SCMR 187
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|