| Case ID |
ed07f7cb-10ab-47d2-89ff-41e129b38f99 |
| Body |
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| Case Number |
C.Ps. Nos. 813, 1595 of 2021 and 175 of 2019 |
| Decision Date |
Dec 23, 2021 |
| Hearing Date |
|
| Decision |
The Balochistan High Court found that the levy of Passing Unregistered Natural Gas (PUG) or Slow Meter Gas charges by the Sui Southern Gas Company Limited (SSGCL) was illegal. The court determined that SSGCL, being under the substantial control of the Federal Government, is amenable to constitutional jurisdiction. The court ruled that consumers cannot be penalized based solely on suspicion, emphasizing that every citizen has the right to be dealt with according to the law. Therefore, the court restrained SSGCL from levying such charges on the basis of mere presumption or suspicion, thus protecting the rights of consumers in Balochistan. The decision reinforced the principle that legal actions must be based on evidence and not conjecture. |
| Summary |
This case revolves around the constitutional rights of consumers against the unjust levy of charges by the Sui Southern Gas Company Limited (SSGCL) in Balochistan. The petitioners, representing numerous consumers, contested the legality of Passing Unregistered Natural Gas (PUG) and Slow Meter Gas charges imposed by SSGCL based on mere suspicion without proper evidence. The Balochistan High Court, in its ruling, emphasized the importance of due process and the right to be treated in accordance with the law, declaring such levies illegal. This case highlights significant issues regarding consumer rights, regulatory accountability, and the need for transparent practices in utility services. The ruling is a pivotal moment in ensuring that consumers are protected from arbitrary charges and reinforces the significance of evidence-based regulation in public service. The court’s decision sets a precedent for similar cases, ensuring that utility companies cannot impose charges without substantial proof of wrongdoing, thus safeguarding consumer interests and promoting fair practices in the energy sector. |
| Court |
Balochistan High Court
|
| Entities Involved |
Oil and Gas Regulatory Authority (OGRA),
Sui Southern Gas Company Limited (SSGCL)
|
| Judges |
Naeem Akhtar Afghan CJ,
Abdul Hameed Baloch, J
|
| Lawyers |
Hashim Khan,
Kashif Kakar,
Rukhsana Kakar,
Sarwat Sultana,
Farzana Khilji,
Adnan Ejaz Sheikh,
Tahir Ali Baloch,
Ghulam Mustafa Buzdar,
Shaihaq Baloch,
Kashif Siddiqui
|
| Petitioners |
others,
SYED NAZIR AGHA
|
| Respondents |
others,
FEDERATION OF PAKISTAN through Secretary Ministry of Petroleum and Natural Resources, Islamabad
|
| Citations |
2024 SLD 3241,
2024 YLR 1735
|
| Other Citations |
Khursheed Ali v. Abdul Malik 1991 SCMR 1944,
Ruhksana Ijaz v. Secretary Education 1997 SCMR 167,
Javed Hussain Shah v. Government of Punjab 1998 SCMR 220,
Asadullah Rashid v. Muhammad Munir 1998 SCMR 2129,
Secretary to the Government of Punjab v. Ghulam Nabi PLD 2001 SC 415,
Lahore Development Authority v. Firdos Steel 2010 SCMR 1097,
Najeeb ud Din Owaisi v. Aamir Yar 2011 SCMR 180,
Anjuman Fruit Arhtian v. Deputy Commissioner 2011 SCMR 279,
Rai Ashraf v. Muhammad Saleem Bhatti PLD 2010 SC 691,
Civil Aviation Authority v. Javed Ahmed 2009 SCMR 956,
Pakistan Defense Officer Housing Authority v. Jawaid Ahmed 2013 SCMR 1707,
Human Right case No.3654/2018, 2019 SCMR 1,
Suit Southern Gas Company Limited v. Imdad Ali Pathan 2020 SCMR 1259,
Aitchison College Lahore through Principal v. Muhammad Zubair PLD 2002 SC 326,
Pakistan International Airlines v. Tanweer-ur-Rehman PLD 2010 SC 676
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
4,
199
|