Case Details

Citation(s)
2014 SLG 2051 2014 SLD 2051 2014 PLD 623
Lahore High Court
Writ Petition No.11063 of 2011, decision dated: 6h June, 2014
UMAR ATA BANDIAL, C, J
Muhammad Azhar Siddique assisted by Shahanshah Shamial Paracha for Petitioner. Mateen ul Haq Chaudhry for Petitioner in connected petition. Ch. Amir Rehman, Deputy Attorney General for Pakistan. Sayed Nayyar Abbas Rizvi, Addl. Advocate General, Punjab. Kh

JUDICIAL ACTIVISM PANEL

VS

GOVERNMENT OF PAKISTAN and others

Law: Constitution of Pakistan, 1973

Section: 9,199

Law: Constitution of Pakistan, 1973

Section: 9,199

(a) Constitution of Pakistan--- ----Arts. 9 & 199---Constitutional petition---Load shedding---Power outages---Effect---Infringement of right to life and livelihood---Redressal/solutions---Meritorious appointments in power companies---Short term solutions---Rationing of power supply---Starting point for redressing the problem of rampant load shedding was to ensure meritorious appointments in accordance with law to posts of Member Board of Directors and Chief Executives of power sector companies---Merit would bring competence, capacity and vision in management policy---Problem of load shedding required present, current and short term solutions---Reliance on long term relief like increase in power generation capacity in the grid system was not sufficient---Short term measures laid on the consumption side of the power supply matrix, which may offer present and appropriate remedies---Power supply rationing system must be devised that classified its consumers to attend the needy and shun the wasteful---Such rationing should encourage best practices, conducive life styles and role modelling for suitable consumption patterns---High Court observed that with the present problem of load shedding reasonable right to life and to livelihood of power consumers was being restricted especially at the lower end of the scale because of their inability to access alternate sources of power supply---Constitutional petition was disposed of accordingly. (b) Constitution of Pakistan--- ----Art. 9---Right to life---Scope---Electricity---Load shedding---Rampant load shedding affected right to life and quality of life of a citizen. (c) Constitution of Pakistan--- ----Arts. 9 & 199---Constitutional petition---Load shedding---Redressal/solutions---Rationing of power supply---Amenable to judicial scrutiny---Criteria for devising and implementing suitable modes to ration power supply to consumers in prevailing situation of power shortage were objective conditions that were amenable to judicial scrutiny---Constitutional petition was disposed of accordingly. ORDER UMAR ATA BANDIAL, C J.---This order shall also dispose of W.Ps. Nos. 6579-2010, 29543-2011 and 10561-201 2 involving common…
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