PESHAWAR: The Peshawar High Court (PHC) on Wednesday suspended the federal government's impugned memorandum regarding the transfer of the administrative control of the National Electric Power Regulatory Authority (Nepra) from the Cabinet division to the Water and Power division.
A division bench comprising PHC Chief Justice Yahya Afridi and Justice Ikramullah Khan suspended the federal government's notification till February 14 when the petition would be heard again.
The bench also issued notice to the Federation through the Cabinet Division, Nepra through its chairman and Khyber Pakhtunkhwa government through chief secretary, directing them to explain their position and submit comments within 14 days about transfer of the administrative control of Nepra to Ministry of Water and Power.
During the hearing, Deputy Attorney General (DAG) Musarratullah requested the court to dismiss the petition as the proper forum for such matters is the Council of Common Interests (CCI) headed by the prime minister and having the chief ministers of the four provinces as members.
He argued that there is a proper body (tribunal) in the CCI and if the matter was not resolved there the issue was brought to parliament.The bench issued the stay order in a writ petition of PTI parliamentary leader in the Senate Nauman Wazir.
The petitioner's lawyer Shumail Ahmad Butt submitted before the bench that the federal government decision to transfer the administrative control of Nepra would end independence of the regulatory body.
He argued that Nepra is placed in direct administrative control of the same ministry and it would not only give birth to serious instances of conflict of interest but there would invariably be situations where Nepra will act both as adjudicator and party.
The PTI senator sought orders of the court to declare as illegal the December 19, 2016 Cabinet Division memorandum on the transfer of administrative control of regulatory authorities to the relevant divisions, particularly Nepra to the Water and Power.
"The ministry of water and power was disgruntled by consumer-friendly decisions of Nepra and its secretary had been publicly complaining to the prime minister that Nepra was a stumbling block to the ministry's smooth functioning and therefore it should be tamed," the petition stated.
The petitioner noted that as regulatory bodies, particularly Nepra being power regulator came within the domain of the Council of Common Interests and therefore, in a bid to check the independence of Nepra and to place it under the direct administrative control of the water and power ministry, a summary was allegedly prepared for the approval of the CCI.
The petitioner said that an agenda item to that effect was included as Agenda Item No 6 for the meeting of CCI on December 15 through a letter of inter-provincial coordination division on December 7, 2016.He said that since the decision was not acceptable to KP, the provincial chief minister wrote a letter to federal Minister for Inter-Provincial Coordination Riaz Hussain Pirzada on December 13 expressing concern about it.The petitioner added that the Sindh government's opposition to the move was also brought to the notice of the federal government.
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