| Case ID |
16b756bb-95ae-41d5-929b-4487af0dfdcf |
| Body |
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| Case Number |
Suit No. 684 of 2013, C.M.As.No. 2414 of 2014 and |
| Decision Date |
Mar 07, 2014 |
| Hearing Date |
Mar 07, 2014 |
| Decision |
The Sindh High Court, presided by Justice Nazar Akbar, ruled in favor of the petitioner, Mst. Hamra Ahsan, directing Karachi Electric Supply Company (KESC) to install an electricity meter at the plaintiff's premises within ten days from the date of the order, upon payment of the required charges. The court found that KESC's denial of a permanent electricity connection was based on stringent and mala fide interpretations of their policy manual, which should instead facilitate customer needs. Citing Article 9 of the Constitution of Pakistan, 1973, which guarantees the right to life, the court emphasized that denying electricity—a basic necessity of life—constitutes an infringement of constitutional rights. The court also referenced the precedent set in Erum Heights Welfare Association v. KESC and others 2001 CLC 321, reinforcing the stance that essential services should not be withheld under bureaucratic pretenses. Consequently, KESC was ordered to comply with the installation of the electricity meter promptly to ensure the plaintiff's access to essential utilities without undue delay. |
| Summary |
In the landmark decision rendered on March 7, 2014, by the Sindh High Court, petitioner Mst. Hamra Ahsan challenged Karachi Electric Supply Company (KESC) for denying the installation of a permanent electricity meter at her marriage lawn premises. Despite having a temporary connection since September 2009 and possessing No Objection Certificates (NOCs) from the Karachi Municipal Corporation (KMC) and Town Officer Gulshan Iqbal, KESC persisted in withholding a permanent meter installation, citing internal policy requirements outlined in their policy manual. The petitioner argued that such denial infringed upon her fundamental rights guaranteed under Article 9 of the Constitution of Pakistan, 1973, which ensures the right to life—a right inherently linked to access to basic necessities like electricity. The court scrutinized KESC's adherence to its policy manual, determining that policies should serve to facilitate rather than obstruct customer services. Citing the precedent set in Erum Heights Welfare Association v. KESC and others 2001 CLC 321, the court underscored that denying essential services on bureaucratic grounds constitutes a violation of constitutional mandates. Justice Nazar Akbar emphasized that utilities such as electricity must be accessible to citizens without undue delays or discriminatory practices. The court ordered KESC to install the electricity meter within ten days, mandating payment of the requisite charges, thereby reinforcing the principle that access to essential utilities is a protected and non-negotiable right under the constitution. This case highlights the judiciary's role in upholding constitutional rights against administrative overreach, ensuring that essential services are delivered efficiently and equitably. The decision serves as a critical reference for future cases involving the provision of basic necessities and the enforcement of consumer rights against utility providers. By mandating prompt compliance from KESC, the Sindh High Court not only addressed the immediate grievance of the petitioner but also set a progressive legal standard for the treatment of consumers in essential service sectors across Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
KMC,
Karachi Electric Supply Co.,
Town Officer Gulshan Iqbal,
Erum Heights Welfare Association
|
| Judges |
Nazar Akbar
|
| Lawyers |
Naveed Ahmed,
Umer Lakhani
|
| Petitioners |
Mst. HAMRA AHSAN
|
| Respondents |
Messrs KARACHI ELECTRIC SUPPLY CO. through C.E.O.
|
| Citations |
2014 SLD 86 = 2014 PLD 344
|
| Other Citations |
2001 CLC 321
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
9
|