NAIMATULLAH KHAN Versus FEDERATION OF PAKISTAN
This matter concerns the ongoing issues regarding electricity supply, load shedding, and frequent electrocution incidents in Karachi involving K-Electric. The Supreme Court addressed the failure of K-Electric to prevent electrocutions and the regulatory oversight by NEPRA. The Court held that the Federal Government and NEPRA have a constitutional duty to ensure citizens are not deprived of electricity, as access to electricity is inextricably linked to fundamental rights, including the right to life, dignity, privacy, and the right to conduct trade or business. The Court directed the CEO of K-Electric to submit a roadmap for achieving zero load shedding and mandated that the Federal Government ensure the appointment of members to the NEPRA Appellate Tribunal within two months. Furthermore, the Court warned that future electrocution incidents would result in criminal proceedings and the recovery of exceptional damages from K-Electric officials. The key principle laid down is that the State and its functionaries cannot abdicate their constitutional responsibility to secure fundamental rights, including the provision of essential services like electricity, which are vital for the economic and social well-being of the citizenry.
- Is the provision of electricity a fundamental right under the Constitution of Pakistan 1973?
- Can the State abdicate its duty to ensure the provision of essential services like electricity to its citizens?
- What are the legal consequences for K-Electric officials in the event of future electrocution incidents in Karachi?
- Article 9, Constitution of Pakistan 1973
- Article 15, Constitution of Pakistan 1973
- Article 18, Constitution of Pakistan 1973
- Article 25, Constitution of Pakistan 1973
ORDER
We have heard the Chairman NEPRA so also CEO of K-Electric, learned Attorney General for Pakistan, learned Advocate General, Sindh, Mr. Faisal Siddiqui, learned ASC, Mr. Salahuddin Ahmed, learned ASC and Mr. Arshad M. Tayabali, learned ASC who have assisted the Court in the matter. Mr. Faisal Siddiqui, learned ASC has brought to our attention pendency of H.R.C. No.20883-S/2018 having nexus with the issue. We have called the file of the said case and have attached the same with the present proceedings.
2. The Chairman NEPRA states that as many as 60 investigations have been conducted by it in the affairs of K-Electric and when the reports are at implementation stage, K-Electric obtains stay orders from Court and thus all the investigations so far made by NEPRA are pending in the court and none of the investigations has resulted into any fruitful result, for that they have all been stayed by the court. Let a list of cases which have been filed by K-Electric be placed before this Court by Chairman NEPRA along with copies of the stay orders that are said to have been passed. Further proceedings on such stay orders will be taken by this Court appropriately. So far the question of electrocution of the residents of Karachi is concerned, no valid explanation has been given as to why such incident takes place. It is, however, stated by the learned counsel for K-Electric that most of the deaths take place in the houses. Such assertion of the learned counsel is contradicted and it has been explained that most of the deaths take place on the streets where electric wires from the polls snaps fall down and people get electrocuted more particularly during rains where snapped wire is inundated. K-Electric shall ensure and take all steps and measures that in future no electrocution at all takes place to the residents of Karachi and in case any such incident occurs, the CEO and other officers of K-Electric shall be taken to task and exceptional amount of damages shall be recovered from them. Further criminal cases shall also be registered against the CEO and others officers of K-Electric. The officers include Director Operations and General Managers of the respective areas and other officials of K-Electric. The Chairman NEPRA states that measures are being adopted to ensure that K-Electric functions and performs its work to the optimum level and the residents of Karachi are not put to any sort of difficulty and further there is no disconnection of electricity in Karachi.
3. NEPRA Appellate Tribunal is stated to have been constituted but its Members have not been appointed as yet. The learned Attorney General for Pakistan has been asked to look into the matter and ensure that Members of NEPRA Appellate Tribunal are appointed and the Tribunal starts functioning. Two months' time is allowed for doing so. Federal Secretary Law shall also ensure that Members of NEPRA Appellate Tribunal are appointed and the Tribunal becomes functional within two months' time. Copy of the order be sent to the Federal Secretary Law, Islamabad.
4. The CEO of K-Electric shall give to the Court a roadmap by which zero load shedding will be achieved in Karachi. The timeline of making of such achievement shall also be given by the CEO. Let the report be filed by the CEO by 13.08.2020 in court which will be considered and dealt with in accordance with law. The Chairman NEPRA shall also appear before the court on 13.08.2020.
5. We may note that "Electricity", which is a Federal subject under the Constitution and it is incumbent upon the Federal Govt. to ensure that the citizens are not deprived of the facility of electricity as it is a matter of right to life in terms of Article 9 of the Constitution, further right of dignity of man and privacy of Home in terms of Article 15, right to trade and business, profession or occupation in terms of Article 18 and right to equality under Article 25 of the Constitution. These are the fundamental rights of the people which cannot be abridged nor can it be diminished or lessened. The State and its functionaries cannot abdicate the duty imposed upon them to ensure that these fundamental rights are fully secured to the people. Further the Principle of Policy of Protection of family, promotion of social justice and eradication of social evil, promotion of social and economic wellbeing of the people are among those which are the responsibility of the State and each person performing functions on behalf of the State is required to act in accordance with these Principles of Policies. Thus, the Federal Government and NEPRA are under duty to ensure that the citizens are not deprived of electricity and the menace of load shedding in Karachi as well as in other places of the Country and altogether be brought to an end. Assuring not only secure healthy life of the people of citizens but also giving opportunity to them of doing their trade, business, profession and occupation, which ultimately will make the State prosperous with content and happy citizenry.
6. The remaining cases are adjourned for tomorrow i.e. 12.08.2020.
MWA/N-12/SC Order accordingly.
Cited by 3 cases
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- M/s Crown Holdings vs Port Qasim Authority & Others 2023 SHC 58
- Imam Bakhsh vs District Collector, Dera Ghazi Khan and 5 others 2021 PLJ Lahore 787