SC disposes of JI plea against privatisation of K-Electric

ISLAMABAD: The Supreme Court on Tuesday disposed of as withdrawn the petition challenging the privatization of Karachi Electric Supply Company (KESC). A three-member bench of the apex court, headed by Chief Justice Umer Ata Bandial and comprising Justice Ayesha A Malik and Justice Athar Minallah, heard the petition, filed by Jamaat-e-Islami (JI) challenging the privatization of KESC. During the course of hearing, Justice Athar Minallah observed why the court should take up the case against the privatization of K-Electric adding that the petitioner Jamaat-e-Islami is very respectable for the court. The judge observed that the JI’s petitioner was a Member of Parliament and the case should be raised on the floor of the house adding that the issue raised under Article 184(3) of the Constitution was against the government’s economic policies. Rashid A Rizvi, counsel for the JI, however, contended that the court was the last option when parliament failed to address the issue. “Don’t say like this that parliament has failed,” Justice Athar Minallah told the counsel.

The judge told the lawyer to respect parliament adding that instead of bringing this matter to court, he should raise it on the floor of parliament. Justice Ayesha A Malik questioned how the court could cancel the privatization and added that determining the issue of tariff was the job of NEPRA. “This court had already helthat such issues would be decided by NEPRA,” Justice Ayesha A Malik added. Chief Justice Umer Ata Bnadial observed that in the instant case, two judges raised some legal points adding how much investment came and what were the results, they will not look into it. “It’s very easy to cancel the matters but very difficult to collect and make it.” The CJP remarked adding that process of privatization was launched when public issues could not be addressed. Therefore, it would be better for the petitioner to withdraw the application and approach the concerned forum as well. Advocate Salahuddin informed the court that an application was also filed before the court against KESC Labour Union. Justice Ayesha A. Malik, however, observed that at present, the matter was not before the court. Meanwhile, after the court observations, counsel for Jamaat-e-Islami and other petitioners withdrew their respective petitions and the court disposed of the case.