Supreme Court Admits Petitions Seeking Declaration of Government's Responsibility for Affordable Power Supply

Published at: December 3, 2024 4:04 AM

Updated at: December 3, 2024 6:16 AM

Islamabad: The Supreme Court's constitutional bench on Monday accepted for hearing a series of petitions seeking a declaration that providing power to citizens at the lowest possible cost is the federal government's responsibility under Article 9 of the Constitution.

The six-member bench, led by Justice Aminuddin Khan, directed the removal of objections raised by the registrar’s office against the petitions and issued notices to the attorney general.

One of the petitions was filed by the Federation of Pakistan Chamber of Commerce and Industry (FPCCI) Vice President Zaki Aijaz, while another was submitted by Lahore High Court Bar Association (LHCBA) President Asad Manzoor Butt. The petitions were represented by Advocate Feisal Hussain Naqvi and Advocate Hasan Irfan Khan.

Advocate Naqvi argued that while access to power is a fundamental right, competitive bidding processes have not been adequately employed. He claimed that less than 1% of power-related contracts have been awarded through open bidding since 1994, with many being repeatedly renewed without competition.

The petitions also challenge agreements with Independent Power Producers (IPPs) and related contracts. Justice Musarrat Hilali, another member of the bench, observed that the court could intervene in this matter of public interest and issue guidelines for the future.

The petitioners have urged the court to direct the government to provide copies of all power purchase and implementation agreements. They called for the annulment of policies from 1994, 2002, and 2015, arguing that these policies allowed state resources to be allocated without competitive bidding or a rational basis.

Additionally, the court was asked to declare that the government and its entities cannot profit from essential facilities, especially when these facilities are monopolized. The petitions also seek a detailed forensic audit of all IPPs to uncover any irregularities.

Justice Muhammad Ali Mazhar pointed out the creation of a task force on August 5 to negotiate with IPPs. The petitioners requested the court to direct the government to implement the recommendations of a 2020 report, which includes recovering excess profits from IPPs.

Audio Leaks Commission

In a separate matter, the bench granted the government additional time to decide whether it intends to proceed with the audio leaks commission formed last year.

During Monday’s hearing, Additional Attorney General Chaudhry Aamir Rehman requested a postponement, citing that the cabinet was unable to deliberate on the matter due to recent protests in Islamabad. He assured the court that the issue would be addressed in the next cabinet meeting.

The audio leaks commission was constituted on May 20, 2023, under Justice Qazi Faez Isa, who was then a Supreme Court judge, to examine the authenticity of alleged audio leaks that had raised concerns about judicial independence. The commission also included then Balochistan High Court Chief Justice Naeem Akhtar Afghan and Islamabad High Court Chief Justice Aamer Farooq. Justice Afghan has since been elevated to the Supreme Court.

On August 20, a Supreme Court bench, also headed by Justice Aminuddin Khan, noted that the inquiry commission had not conducted any proceedings since May 27, 2023.