Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art.199---Constitutional petition---Writ of mandamus, issuance of---Operationalizing power station---Electricity shortfall---Violation of Fundamental Rights---Petitioner was aggrieved of closure of Thermal Power Station causing electricity shortfall and sought directions to respondent authorities for operationalizing said power station---Authorities contended that power station was closed as it had lived its useful life and that load shedding was being done due to electricity theft in the area---Validity---Authorities were duty bound to put into place a system through which it was ensured that a consumer who was paying his electricity bills regularly, should not be made to suffer because other persons of same locality were guilty of stealing electricity---High Court directed the authorities to award exemplary punishments to their employees who were abetting and aiding wrongdoers---High Court observed that authorities would introduce a mechanism or scheme in which genuine consumer and defaulter could be easily distinguished and former was not punished due to acts of latter---Restoration of Thermal Power Station in question was neither feasible nor economically viable---Undisputed documents placed on record also suggested that concerned quarters after proper discussion had taken a decision to close Thermal Power Station in question---High Court declined to interfere in decision for not restarting Thermal Power Station in question as Executive decision taken by authorities did not suffer from any illegality, discriminatory treatment or unreasonableness---Constitutional petition was disposed of accordingly. Alleged corruption in rental power plants etc. (2012 SCMR 773) and Human Right Case No.14392 of 2013 (2014 SCMR 2020) ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD FAISAL KAMAL ALAM, J.--- The Petitioner being a conscientious member of the Society has filed this petition, seeking directions of this Court that Thermal Power Station Sukkur (TPS) should be restarted after making necessary up-gradations. Following relief has been sought:- "(a) To direct all the concerned respondents jointly and severally, and in particular to respondents…

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