| Case ID |
0aa8b9e7-3c20-4a2d-b1a4-8d4795627ada |
| Body |
View case body. Login to View |
| Case Number |
D-1731 of 2014, D-5841 of 2018, D-5528, D-5529, D- |
| Decision Date |
Feb 03, 2020 |
| Hearing Date |
Jan 27, 2020 |
| Decision |
The case primarily dealt with the implementation of a Supreme Court judgment from December 27, 2013, which mandated the provision of natural gas to localities within a 5 km radius of gas fields. The court found that the decision from the Council of Common Interests (CCI) regarding costs was not legally binding, as the responsibility for providing gas lay with the Ministry of Petroleum and Natural Resources. The court directed the Federal Government to release funds to facilitate the gasification of relevant villages promptly. Failure to comply could lead to contempt proceedings against the Secretary of the Ministry of Petroleum. The court emphasized the fundamental right to life, which includes access to natural gas, particularly in cold areas during winter. |
| Summary |
This case revolves around the fundamental right to access natural gas, as guaranteed under the Constitution of Pakistan. The Supreme Court's judgment from 2013 required the Ministry of Petroleum to ensure gas supply to localities within a 5 km radius of gas fields, highlighting the importance of compliance with legal directives. The Sindh High Court ruled that the CCI's decisions on cost allocation were unenforceable against the gas distribution companies, emphasizing that the Supreme Court's orders must be adhered to without alteration. The court's decision underscores the legal framework surrounding natural gas provision, the role of the CCI, and the obligations of governmental bodies. This case is pivotal in establishing the legal obligations of state institutions towards citizens, particularly in ensuring basic utilities, thereby contributing to the discourse on public welfare and rights in Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
OGRA,
SSGCL,
Ministry of Petroleum and Natural Resources,
Mari Petroleum,
Plish Gas Company
|
| Judges |
MOHAMMED KARIM KHAN AGHA,
OMAR SIAL
|
| Lawyers |
Makhdoom Ai Khan,
Salman Talibuddin,
Farmanullah,
Ms. Rozeena Issa,
Obaid-ur-Rehman Khan,
Manal Wasiq Khan,
Mahmood Ali,
Zain-ul-Abidin Soomro,
Mahmood Ali Abbasi,
Kashif Pracha,
Kashif Ali,
Syed Ejaz Ali Shah
|
| Petitioners |
OTHERS,
QURBAN ALI SHAH
|
| Respondents |
OTHERS,
FEDERATION OF PAKISTAN THROUGH FEDERAL SECRETARY
|
| Citations |
2020 SLD 1298,
2020 PLD 242
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
90(1),
153,
154,
187(1)
|