Legal Case Summary

Case Details
Case ID 20759bd9-ec59-4357-bab5-391b13272bc9
Body View case body.
Case Number Human Rights Cases Nos. 14392 of 2013, 790-G of 20
Decision Date Mar 20, 2014
Hearing Date Dec 01, 2013
Decision The Supreme Court of Pakistan, in a landmark ruling, emphasized the critical importance of energy availability in the development and well-being of the nation. The Court recognized that the provision of electricity is fundamentally linked to the right to life as enshrined in Article 9 of the Constitution. The decision addressed various aspects of the energy crisis, including the management failures, corruption in rental power projects, and the regulatory inefficiencies that have resulted in significant load-shedding and economic disruptions. The Court mandated that the government take immediate measures to enhance electricity generation, improve distribution efficiency, and ensure equitable access to electricity for all citizens. Furthermore, the ruling called for a reevaluation of subsidies and pricing structures within the energy sector, particularly concerning Captive Power Plants and Independent Power Producers (IPPs). The judgment highlighted the need for transparent governance and accountability in the energy sector to restore public trust and secure the fundamental rights of the citizens.
Summary This Supreme Court case addresses the critical energy crisis in Pakistan, which has led to widespread load-shedding and economic distress. The Court examined various factors contributing to this crisis, including the inefficiency of Independent Power Producers (IPPs), corruption in rental power projects, and the mismanagement of energy resources. The ruling underscored the link between energy availability and the right to life, as guaranteed by the Constitution. It mandated governmental reforms to ensure energy access, equitable distribution, and accountability in the energy sector. The judgment serves as a pivotal reference for future energy policy and governance in Pakistan, focusing on sustainable energy practices and the necessity for a transparent regulatory framework. Keywords: energy crisis, load-shedding, Supreme Court ruling, Independent Power Producers, constitutional rights, energy governance, public welfare, electricity distribution, Pakistan energy policy.
Court Supreme Court of Pakistan
Entities Involved WAPDA, Government of Pakistan, OGRA, PEPCO, Independent Power Producers, Captive Power Plants
Judges IFTIKHAR MUHAMMAD CHAUDHRY, C.J., JAWWAD S. KHAWAJA, AMIR HANI MUSLIM, JJ
Lawyers Syed Safdar Hussain, Advocate-on-Record, Syed Iftikhar Hussain Gillani, Senior Advocate Supreme Court, Muneer A. Malik, Attorney-General for Pakistan, Zargham Eshaq, Acting MD, PEPCO, Saeed Ahmed Khan, Chairman, OGRA, Abdul Basit Qureshi, PLO, Rizwan-ul-Haq, ED (Legal), Ms. Mishab Yaqboob, JED, Noor-ul-Haq, JED for PEPCO, NTDC and OGRA, Barrister Asghar Khan, Senior Law Officer for PPIB, Saqib Mushtaq, Assistant Director for PHYDO, Nazir Malik, Dir (L) for M/o Petroleum, Javaid Iqbal Jadoon, G.M. (Operations) for Mari Petroleum Co., Aamir Malik, Advocate Supreme Court for Applicant (Hajveri CNG), Zulfiqar Khalid Maluka, Advocate Supreme Court for Applicant (Shahwani CNG and Renala Petroleum CNG), Hassan Raza Pasha, Advocate Supreme Court for Applicant (Raees and Chinnar CNG), Syed Nayab Hassan Gardezi, Advocate Supreme Court for Applicant (TMG, CNG), Miangul Hassan Aurangzeb, Advocate Supreme Court for Applicant (Bukhari, CNG), Shahid Kamal Khan, Advocate Supreme Court for Applicant (Midway and Liaquat CNG), Raja Amir Abbas, Advocate Supreme Court for Applicant (Messrs Energy Comforts), M. Munir Paracha, Senior Advocate Supreme Court for Applicant (Bugti CNG), Salam Akram Raja, Advocate Supreme Court with Mehmood A. Sh., Advocate-on-Record for Applicant (in C.M.A. 3399 of 2013), Kowkab Iqbal, Advocate Supreme Court for Applicant (in C.M.A. 5527 of 2013), Raja Abdul Ghafoor, Advocate Supreme Court/Advocate-on-Record for Applicant (in C.M.A. No. 6459 of 2013), Muhammad Azhar Siddique, Advocate Supreme Court with Arshad Ali Chaudhry, Advocate-on-Record for Applicant (in C.M.A. 6738 of 2013), Tariq Javed, Advocate Supreme Court for Applicant (in C.M.A. 6699 of 2013), Nemo for Applicant (in C.M.A. No. 3671 of 2013), Muhammad Farid Dogar, A.A.G. for Government of Balochistan, Zahid Yousaf Qureshi, Additional A.G. for Government of Khyber Pakhtunkhwa, M. Hanif Khatana, Additional A.G. and Ms. Afifa Jabeen, Assistant Manager, Energy Department for Government of Punjab, Qasim Mirjat, Additional A.G. and Karim Bakhsh Sheikh, Additional Secretary (Energy) for Government of Sindh, Moazam Ali Rizvi, Advocate Supreme Court and Manzoor Hussain, CE (Hydel) for WAPDA, Asim Hafeez, Advocate Supreme Court, Faisal Iqbal GM(F) and Amjad Latif, SGM(D) for SNGPL, Asim Iqbal, Advocate Supreme Court, Shoaib Warsi, Senior G.M., Ejaz Ahmed, Senior G.M. and Syed Shehyar Kazmi, D.G.M. for SSGC, Abid Zubairi, Advocate Supreme Court for KESC, Rashideen Nawaz Qasuri, Advocate Supreme Court, Ch. Akhtar Ali, Advocate-on-Record and Kh. Muhammad Naeem, Acting Chairman for NEPRA, Waqar Rana, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for IRSA, Nemo for AEDB, Muhammad Ilyas Khan, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for DISCOs, Khalid Anwar, Senior Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record for Pak Arab and Fatima Fertilizer, Muhammad Munir Peracha, Senior Advocate Supreme Court and Sheraz Ahmed, Manager (Legal) for Fauji Fertilizer Co., Imtiaz Rashid Siddiqui, Advocate Supreme Court and Iqbal Hashmi, Legal Advisor for Fauji Fertilizer Bin Qasim, Feisal Naqvi, Advocate Supreme Court and Andaleeb Alvi, Legal Advisor for DH Fertilizer and Engro, Abrar Hassan, Senior Advocate Supreme Court and Masood Ahmad Alvi, Advocate Supreme Court for KW and SB, Nemo for FIA, Nemo for FBR, M. Ikram Ch. Advocate Supreme Court (in Constitutional Petition No. 33 of 2005), Nemo (in Constitutional Petition No. 34 of 2005), Dr. Rana M. Shamim, Advocate Supreme Court for Applicant (in C.M.A. 5962 of 2013), Muneer A. Malik, Attorney-General for Pakistan, Raja Abdul Ghafoor, Advocate-on-Record assisted by Faisal Siddiqui for the Federation, Shakeel ur Rehman, Advocate Supreme Court and Arshad Ali Chaudhry, Advocate-on-Record for FBR, Salman Akram Raja, Advocate Supreme Court, Saeed Ahmad Khan, Chairman, Abdul Basit, Law Officer and Ms. Misbah Yaqoob, JED(F) for OGRA, Ch. Akhtar Ali, Advocate-on-Record for M/o. Petroleum, Nemo for M/o Finance, Dilawar Khan, Dy. Director for M/o Climate Change, Nemo for OCAC
Petitioners OGRA through Secretary, Engineer IQBAL ZAFAR JHAGRA, SENATOR RUKHSANA ZUBERI
Respondents FEDERATION OF PAKISTAN and others, Messrs MIDWAY II, CNG STATION and others
Citations 2014 SLD 373, 2014 PTD 243, 2014 PTCL 382, 2014 SCMR 220
Other Citations 2012 SCMR 773, PLD 1994 SC 694, Iqbal Zafar Jhagra v. Federation of Pakistan 2013 SCMR 1337, Collector of Sales Tax and Central Excise, Lahore v. WAPDA 2007 SCMR 1736, Sheikhoo Sugar Mills v. Government of Pakistan 2001 SCMR 1376
Laws Involved Constitution of Pakistan, 1973, Sales Tax Special Procedure Rules, 2007, Sales Tax Act, 1990, Regulation of Generation, Transmission And Distribution of Electric Powers Act, 1997
Sections 9, 38, 184(3), 18, 25, 3, 24, 77, 20(2)(c), 2(46), 3(1), 7(3)(a), 7(6), 31