Interim order can last longer than constitutional life: PHC

PESHAWAR: The Peshawar High Court (PHC) has ruled that interim order passed by a constitutional court shall remain in field beyond its constitutional life of six months if the case is not decided within this period.
A division bench comprising of Justice Yahya Afridi and Justice Irshad Qaiser in the detailed verdict issued on Friday said: “This court is of the view that the interim order passed by a constitutional court would have a life of six months provided the main constitutional petition is finally decided. In cases where the main constitutional petition is not decided within six months period, the interim order passed therein would remain in force till its revocation or its merger in the decision of the main writ petition.”
The ruling was given on the applications filed by the federal government and the Peshawar Electric Supply Company (Pesco). Both had sought vacation of stay orders in writ petitions about imposition of various surcharges in the electricity bills in light of the order of Supreme Court.
It was stated in the decision that the federal government was seeking revocation of the interim order passed by the court that stayed the surcharges levied in the electricity bills after the Supreme Court leave grant order and suspending the Lahore High Court decision against imposition of the surcharges.
However, the court stated that grant of leave to appeal by the apex court cannot be the sole ground for revoking the interim order passed by a court in a case pending before the high court and each case has to be decided on its own merit.
“In such circumstances, recalling of the interim order passed by this court in the petitions before us on the sole ground of leave granting order and the suspension of operation of the Lahore High Court’s decision rendered by the Supreme Court would not be legally appropriate, being premature,” the court said.
It was observed in the decision that, “What is crucial to note is that the effect of suspension order passed by the apex court has brought about a clear division between the consumers in the provinces of Punjab and Khyber Pakhtunkhwa.
Those in Punjab are being made to pay the levy under Statutory Regulatory Order (SRO), while allowing the interim order to be continued, it would lead to discrimination, abuse of the process of law and inconsistency in the orders emanating from superior courts.”
In such circumstances, it said the court cannot allow its order to remain in the field, in view of suspension order passed by the apex court.“This court, in the peculiar circumstances, withdraws its interim orders to bring in parity and consistency amongst all the consumers without any discrimination,” the order stated.
However, the bench vacated the stay order on debt servicing, Neelum Jhelum and Universal Obligation Fund surcharges levied in the electricity bills. But it linked recovery of the stayed amount from industrial units of the province till a final decision in the petitions challenging imposition of the surcharges.