Govt neither able nor capable to run country: Supreme Court

ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Gulzar Ahmed Tuesday lashed out at the government over a report on K-Electric's performance and remarked that the government neither had the ability nor capability to run the country’s affairs.

The CJP’s remarks came during the hearing of a suo motu case pertaining to excessive and unannounced power cuts in Sindh by a two-member bench headed by Chief Justice Gulzar Ahmed.

The chief justice remarked that if there was no writ on the KE, it meant the government did not have any writ to govern the country. “This government does not have the capability to run the country,” he observed.

Turning to the Power Division, which submitted its report on KE, Justice Gulzar Ahmed said the report was prepared after taking money from KE. “We should fire the joint-secretary over this report. We had asked for a report on the current situation and he has given us a report on the future,” he said. “Forget about the future, tell us what you’re doing right now,” the top judge asked.

Justice Gulzar continued, “KE is not treating Karachi right and the governmenthas become a clerk for the power supplier. KE has not paid its dues since 2015.” Khalid Javed, Attorney General; Sohail Mahmood, Deputy Attorney General; Umer Rasool, Secretary Power; Tauseef Farooqi, Chairman Nepra; Abid S Zuberi, counsel for K-Electric; Kashif Hanif, counsel for Nepra; and others appeared before the court.

The court dispelled the impression that Karachi was contributing 70 percent to the country’s economy and observed that it had nothing to give now but the foreign accounts of its people in authority had become functional.

The chief justice observed that since 2015, the K-Electric had not paid a single penny to the government. He said the company neither provided electricity to Karachiites nor paid money to the government. “It is being said that the city contributes 70 percent to the country’s economy, but in fact it has nothing to give anything,” the CJP said, adding that billions of rupees are allocated but not utilized for the benefit of the city.

The CJP said the foreign accounts of people of Karachi in power had become functional and the process of moneymaking had started now in the city, as billions of rupees had already been transferred abroad.

The court took exception to the reply submitted by the Power Division, Ministry of Energy and asked as to why the joint secretary should not be relieved of his job over such report. The court after examining the reply found it to be thoroughly unacceptable and not compliant with its order pursuant to which the instant case was filed.

The court ordered enforcement of Section 26 of the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997. Under this Act, the Nepra has been empowered to conduct public hearing and take a decision.

The court also ordered appointment of members of Nepra tribunal within 10 days. It ruled that while making such determination, the Authority shall not be hampered by any court, either by issuing any injunctive order or any writ, and dismissed all the stay orders..

The court directed that the Authority, after making the determination, which it shall do, file within one month a report with it. The chief justice observed that the Karachi mayor had not yet been able to construct a nullah in four years, adding that earlier the city used to give 60 to 70 percent of revenue but now it had nothing to give anything.

“It is the provincial government’s responsibility to look after the city and take effective measures for its development”, the CJP remarked adding that they know that the authorities concerned will do nothing.

Addressing the attorney general, the chief justice said no government could be seen in Karachi. Justice Ijzaul Ahsen observed that K-Electric had made the residents of Karachi hostage.

The AG, however, pleaded for filing a fresh report after withdrawing the earlier report submitted by the Power Division.

The chief Justice noted that right now the provincial government had nothing for the city development city as well as for the benefit of its residents. “There is no single place or area in Karachi where people can lead a life with contentment,” the CJP observed adding that the power sector could not deliver. He further noted with grave concern that the country witnessed a huge scandal of petrol while economy had plummeted to a disastrous level.

Meanwhile, the court in its order noted down that it seemed the very reply of the Power Division was contrary to what Nepra was doing and there seemed to be no coordination between the Power Division and Nepra and further with the NTDC.

The court directed that the Power Division should ensure a proper coordination among all the departments and whatever was to be done with regard to K-Electric a coordinated decision should be taken by all the relevant departments, agencies and companies, and the same should be executed by one department, in that, there should be one window operation with the K-Electric.

K-Electric should not be allowed to go about various departments of government or companies or agencies for achieving of its objectives. The attorney general contended that since the last date of hearing regarding K-Electric matter i.e. 13.08.2020, situation in Karachi had become worse and was worsening day by day, as almost half of Karachi was without power during the day.

Abid S. Zuberi, counsel for K-Electric, stated that this state of affairs was because of rains, as their infrastructure had inundated. The court noted that if it was so then the K-Electric being a private company should have applied its own resources for clearing its sub-stations and other distribution network.

The court further held that as a private institution, K-Electric should immediately take care of such installations and clear them of the rainwater so that power supply was restored to the consumers.

The court said Electric could not blame any institution of the government in this regard and it had to do its own work, maintain its installations and secure them from any weather effect. The attorney general said he had not been able to consult the Power Division officials and that he needed time for consultation to give a proper report to the court.

He said the issue of electricity in Karachi was that K-Electric had exclusive right of generation and distribution of electricity in the city. “As the law has provided the provision, we do not see any impediment as to why the Authority is not empowered to give effect to the said provision of law,” the court noted down in its order.

The court directed that the Authority may proceed to implement Section 26 of the Act of 1997 and make its determination. The court ruled that while making such determination, the Authority shall not be hampered by any court, either by issuing any injunctive order or any writ.

“The Authority, after making the determination, which it shall do within one month, will file a report with this court,” says the order. The court noted that under Section 12A of the Act of 1997, the Federal government was required to constitute an Appellate Tribunal (the Tribunal).

The court was informed that notification of constitution of tribunal had already been issued but its members had not been appointed yet. The court directed that such members be appointed by the federal government within 10 days hereof, make the tribunal functional and provide all necessary infrastructure for its immediate working. Later the court adjourned the matter to a date after four weeks.