| Case ID |
73846ea1-9721-423c-b976-46ea3bfb0fc2 |
| Body |
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| Case Number |
Constitutional Petitions Nos. D-8223, D-8224, D-82 |
| Decision Date |
Jun 26, 2018 |
| Hearing Date |
May 10, 2018 |
| Decision |
The Sindh High Court dismissed the constitutional petitions filed by K-Electric (Pvt.) Limited, determining that the provisions of Chapter XVII-B of the Pakistan Penal Code, as inserted by the Criminal Law (Amendment) Act, 2016, have an overriding effect on the Electricity Act, 1910. The Court found that the insertion of specific provisions dealing with electricity theft in the Penal Code was intended to address the inadequacies of the Electricity Act and provide a more effective legal framework for prosecuting such offences. The Court ruled that FIRs registered under the Electricity Act would be considered non-maintainable, as the new provisions require a complaint from a duly authorized officer of the government or the distribution company. Consequently, the Court directed that the relevant FIRs be treated as complaints under the new chapter of the Penal Code and be forwarded to the appropriate Electricity Utilities Court for further proceedings. |
| Summary |
In the case of K-Electric (Pvt.) Limited vs. The State, the Sindh High Court addressed the intersection of the Electricity Act, 1910 and the Criminal Law (Amendment) Act, 2016 concerning the prosecution of electricity theft. The Court examined whether the latter, which introduced Chapter XVII-B to the Pakistan Penal Code, could override the provisions of the Electricity Act. The ruling emphasized that the new provisions were designed to rectify the inadequacies in the existing legal framework for prosecuting electricity theft, which had proven ineffective. The Court concluded that the specific provisions of the Penal Code would take precedence, thus dismissing the petitions and directing that FIRs under the Electricity Act be refiled as complaints under the Penal Code. This decision highlights the evolving nature of laws governing electricity theft in Pakistan, reflecting a legislative intent to enhance enforcement mechanisms and deter such crimes effectively. |
| Court |
Sindh High Court
|
| Entities Involved |
The State,
K-Electric (Pvt.) Limited
|
| Judges |
MUHAMMAD IQBAL KALHORO,
JUSTICE MOHAMMED KARIM KHAN AGHA
|
| Lawyers |
Abid S. Zuberi,
Ayyan Memon,
Sana Q. Validaka,
Abdul Samad Khattak,
Muhammad Tariq,
Muhammad Awais Malano,
Salman Talibuddin,
Ali Haider Salim,
Jan Muhammad Khoro,
Ms. Sarwat Jawahir
|
| Petitioners |
Abid S. Zuberi,
Ayyan Memon,
Sana Q. Validaka
|
| Respondents |
Muhammad Tariq,
Salman Talibuddin,
Abdul Samad Khattak,
Muhammad Awais Malano,
Ali Haider Salim,
Jan Muhammad Khoro,
Ms. Sarwat Jawahir
|
| Citations |
2019 SLD 784,
2019 PLD 209
|
| Other Citations |
Justiniano Augusto De Foneseca, (1979) 3 SCC 47: AIR 1979 SC 984,
R.S. Raghunath v. State of Karnataka and another AIR 1992 SCC 81,
Syed Mushahid Shah and others v. Federal Investigation Agency and others 2017 SCMR 1218,
2013 CLC 571,
2017 SCMR 1218,
2013 SCMR 85,
AIR 1992 SC 81,
2003 YLR 2087,
(1992) 1 SCC 335,
PLD 2018 SC 81
|
| Laws Involved |
Pakistan Penal Code, 1860,
Electricity Act, 1910,
Criminal Law (Amendment) Act, 2016
|
| Sections |
462-G to 462-P,
39,
2
|