SC overrules PHC’s decision on electricity load shedding

ISLAMABAD: In a legal development, the Supreme Court of Pakistan has nullified the Peshawar High Court’s (PHC) ruling to terminate electricity load shedding in Khyber Pakhtunkhwa (KP), citing a lack of jurisdiction.

The PHC had previously issued an order ensuring uninterrupted electricity supply to bill-paying consumers, a move that had raised hopes of relief for the region’s residents facing frequent load shedding. However, the Supreme Court has deemed this order as incompatible with the law.

In response to the High Court’s directive, the Supreme Court asserted that individuals affected by load shedding should address their concerns to the National Electric Power Regulatory Authority (NEPRA), which is the designated authority for overseeing power-related matters.

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The court underscored the role of NEPRA, emphasising that it is the appropriate forum for addressing electricity supply issues and disputes.

The Supreme Court further emphasised that the law has established NEPRA as well as tribunal forums to handle matters related to distribution companies (discos). In light of these provisions, the High Court’s direct intervention was considered beyond its jurisdiction.

Moreover, the PHC had instructed the filing of cases against authorities responsible for load shedding, particularly the Peshawar Electric Supply Company (PESCO). However, counsel Umar Aslam informed the court that the issue of load shedding extends beyond regional boundaries and is a concern affecting the entire nation. Consequently, pursuing cases against PESCO officials alone could be deemed unjustified, he added.

The case carries numerous technical nuances that will require careful review, Justice Muneeb Akhtar noted, adding that how will the court address issues related to feeders where electricity bill recovery has been a recurring problem.

The Supreme Court’s verdict came from a three-member bench headed by Justice Ijaz-ul-Ahsan, which ultimately allowed PESCO’S appeal against the PHC’s decision.