| Case ID |
e99f0246-ccd5-4b73-8d47-6fffc3d4c15e |
| Body |
View case body. Login to View |
| Case Number |
Suits Nos. 820 of 2017 along with 75, 254, 321, 34 |
| Decision Date |
Oct 12, 2018 |
| Hearing Date |
Nov 30, 2017 |
| Decision |
The court dismissed the injunction applications submitted by the plaintiffs, who sought a declaration that they were entitled to an uninterrupted supply of natural gas. The court found that the Sunday closure notices issued by the Sui Southern Gas Company Ltd. were justified due to a decrease in gas availability resulting from higher off-take and depletion of line pack. The court emphasized that the closure notices were not issued in violation of Article 158 of the Constitution, which prioritizes gas supply for provinces with well-heads. The decision reinforced the prioritization of domestic consumers over industrial users, aligning with the Natural Gas Allocation Management Policy. The court also mandated that the defendant company should make efforts to rectify the depletion of line pack and ensure that the temporary measures do not become a permanent practice. |
| Summary |
The Sindh High Court addressed the issue of gas supply interruptions faced by industrial concerns in the province. The plaintiffs, consisting of various industrial entities, argued that the Sunday closure of gas supply was unlawful under Article 158 of the Constitution, which prioritizes gas supply for the province where the well-head is located. The court reviewed the Natural Gas Allocation and Management Policy, which dictates that domestic consumers have priority over industrial ones. It concluded that the gas company acted within its rights to issue temporary closure notices due to operational challenges. The ruling highlighted the balance between public interest, which favors domestic consumers, and the needs of industrial users. The decision reflects ongoing debates over resource allocation and prioritization in the context of Pakistan's energy crisis, emphasizing the need for efficient management of natural gas resources. This case serves as a critical precedent in understanding the application of constitutional priorities in resource management, particularly in energy sectors where demand outstrips supply. Keywords: gas supply, Sindh High Court, Article 158, public interest, energy crisis, natural gas policy. |
| Court |
Sindh High Court
|
| Entities Involved |
Sui Southern Gas Company Ltd.,
Economic Coordination Committee (ECC)
|
| Judges |
MUHAMMAD ALI MAZHAR
|
| Lawyers |
Ovais Ali Shah,
Faiz Durrani,
Ms. Samia Faiz Durrani,
Ameen M. Bandukda,
Salman Ahmed,
Shahzad Nizam,
Syed Mohsin Ali,
Abid Naseem,
Navin Merchant,
Salman Yousuf,
Shahzad Rahim,
Naeem Suleman
|
| Petitioners |
Ovais Ali Shah,
Naeem Suleman,
Faiz Durrani,
Ameen M. Bandukda,
Ms. Samia Faiz Durrani,
Salman Ahmed,
Shahzad Nizam,
Syed Mohsin Ali,
Abid Naseem,
Navin Merchant,
Salman Yousuf,
Shahzad Rahim
|
| Respondents |
Salman Talibuddin,
Asim Iqbal,
Farmanullah Khan,
Tahir Abbasi,
Akbar Sohail,
Ms. Maryam Riaz,
Ms. Alizeh Bashir,
Abdul Qadir Leghari
|
| Citations |
2019 SLD 781,
2019 PLD 189
|
| Other Citations |
PLD 2011 Pesh. 57,
PLD 2011 SC 997,
PLD 2011 SC 365,
PLD 2011 SC 963,
PLD 2017 SC 28,
2012 SCMR 773,
2011 CLD 1554,
2012 CLD 1714,
PLD 2016 SC 808,
2014 SCMR 220,
2003 SCMR 1772,
PLD 2004 SC 690,
PLD 1993 Lah. 673,
PLD 1985 SC 28,
PLD 2016 SC 961,
PLD 2016 Isl. 32,
2016 SCMR 2012,
2013 SCMR 1687,
2016 SCMR 442,
PLD 2007 SC 642,
PLD 2011 Lah. 120,
2017 MLD 1616,
2017 MLD 785,
PLD 2018 Sindh 222
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973
|
| Sections |
O.XXIX,
O.XXXIX,
R.1,2,
158,
172
|