Law: Regulation of Generation, Transmission And Distribution of Electric Powers Act, 1997

Section: 22

Law: Constitution of Pakistan, 1973

Section: 189,190

Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997)--- ----S. 22---Constitution of Pakistan (1973), Arts.189, 190 & 199---Decision of Supreme Court binding on other Courts---Scope and extent---Constitutional petition---Grievance of the petitioners against WAPDA was that their request for reduction of load had either not been attended to properly or rejection of such request by WAPDA was illegal and un­warranted and direction was, thus, sought to WAPDA to reduce their sanctioned load---Matter in another case, was agitated by WAPDA before the Supreme Court which petition was dismissed by refusing leave to appeal and by the Supreme Court in the matter was quite instructive---Policy decision of WAPDA which found mention in the of Supreme Court was still in the field---Reasons prevailed with the High Court in the under appeal before the Supreme Court which was affirmed were quite weighty, leaving no scope for departure therefrom---WAPDA had accepted the decision of the High Court through that said and had made a policy to grant the reduction of load to the consumers---High Court, in the present petitions, followed the same and observed that of the Supreme Court was binding on the parties and was entitled to greatest respect and all were expected to honour and obey the same---WAPDA being party in the of the Supreme Court, the was binding on WAPDA; such was the rationale and object of Arts.189 & 190 of the Constitution---Petitioners who had similar grievance were entitled to be governed by the said , in like manner---Mere filing or pendency of the review did not in any way impair the legal efficacy of the unless reversed or reviewed---Parties should honour and obey the of the Supreme Court so long as it held the field. Messrs Century Paper and Board Mills Ltd. v. WAPDA and another 2002 YLR 2224 in C.P. No.2626-L of 2002 and Standard Chartered Bank v. Karachi Electric Supply Corporation Ltd. through Managing Director PLD 2001 Karachi 344 ref. JUDGMENT SYED ZAHID HUSSAIN, J.---The Petitioners in this case and in the connected petitions i.e. Writ Petitions Nos.4305/2004, 4306/2004, 4307/.2004, 8018/2004, 681/2005, 1998/2005…

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