| Citation(s) |
|---|
| 2026 SLG 1747 2026 SLD 1747 = 2026 SCMR 645 |
Supreme Appellate Court, Pakistan
Civil Petition No. 491-L of 2023 (and other connected cases), decided on 16th October, 2023.
Presented By: Qazi Faez Isa, CJ, Amin-ud-Din Khan and Athar Minallah, JJ
For the Applicant: Mansoor Usman Awan, A.G.P. and Ch. Aamir Rehman, Additional A.G.P. (in C.M.A. No. 8836 of 2023). For the Petitioners: For FESCO: Waqar Amin Sheikh, Advocate Supreme Court. Abdul Razzaq, Legal Consultant. Abdul Hafiz, DD Commercial. For LESCO: Munawar-us-Salam, Advocate Supreme Court. For MEPCO: Malik Rafique Rajwana, Advocate Supreme Court. For GEPCO: Salman Mansoor, Advocate Supreme Court. Aurangzeb Mirza, Advocate Supreme Court. Ansar Mehmood, Chief Law Officer. For IESCO: Faisal Bin Khurshid, Advocate Supreme Court. For NEPRA: Umer Aslam Khan, Advocate Supreme Court. For NTDC: Syed Hasnain Ibrahim Kazmi, Advocate Supreme Court along with Dr. Yasir Awan and M. Shoaib. Mubeen A. Siddiqui and Muhammad Uzair Chughtai, Advocates-on-Record. For
Respondents: Khawaja Tariq A. Raheem, Senior Advocate Supreme Court. Salman Akram Raja, Advocate Supreme Court. Umer Aslam Khan, Advocate Supreme Court along with Irfan-ul-Haq, Legal Advisor, Sajid Akram, DG and Mubashar Iqbal, Director (for NEPRA). Sheikh Muhammad Ali, Advocate Supreme Court. Shumail Butt, Advocate Supreme Court. Faisal Zafar, Advocate Supreme Court. Rashid Hafeez, Advocate Supreme Court. Muhammad Amir Nawaz, Advocate Supreme Court. Ihsan Ahmad, Advocate Supreme Court. Naeem Saeed, Advocate Supreme Court. Ch. Mumtaz-ul-Hassan, Advocate Supreme Court. Syed Ali Imran, Advocate Supreme Court. M. Ijaz Jamal, Advocate Supreme Court. Haq Nawaz Chattha, Advocate Supreme Court. Ch. Anwar-ul-Haq, Advocate Supreme Court. Mian Mehmood Rashid, Advocate Supreme Court. A.G. Tariq Chaudhary, Advocate Supreme Court. Khurram Shahzad Chughtai, Advocate Supreme Court. Nadeem Saeed, Advocate Supreme Court. M. Yaseen Farrukh, Advocate-on-Record. Mian Ghulam Hussain, Advocate-on-Record. Mehmood A. Sheikh, Advocate-on-Record. Syed Rifaqat Hussain Shah, Advocate-on-Record. Ch. Akhtar Ali, Advocate-on-Record. Tariq Aziz, Advocate-on-Record. Mian Liaquat Ali, Advocate-on-Record. Dr. Adnan Tariq, Advocate High Court (with permission of court). Muhammad Tufail, Maqsood Ahmad and Muhammad Ali in person. For Federation: Mansoor Usman Awan, A.G.P. and Ch. Aamir Rehman, Additional A.G.P. Date of hearing: 16th October, 2023.
Civil Petition No. 491-L of 2023 (and other connected cases), decided on 16th October, 2023.
Presented By: Qazi Faez Isa, CJ, Amin-ud-Din Khan and Athar Minallah, JJ
For the Applicant: Mansoor Usman Awan, A.G.P. and Ch. Aamir Rehman, Additional A.G.P. (in C.M.A. No. 8836 of 2023). For the Petitioners: For FESCO: Waqar Amin Sheikh, Advocate Supreme Court. Abdul Razzaq, Legal Consultant. Abdul Hafiz, DD Commercial. For LESCO: Munawar-us-Salam, Advocate Supreme Court. For MEPCO: Malik Rafique Rajwana, Advocate Supreme Court. For GEPCO: Salman Mansoor, Advocate Supreme Court. Aurangzeb Mirza, Advocate Supreme Court. Ansar Mehmood, Chief Law Officer. For IESCO: Faisal Bin Khurshid, Advocate Supreme Court. For NEPRA: Umer Aslam Khan, Advocate Supreme Court. For NTDC: Syed Hasnain Ibrahim Kazmi, Advocate Supreme Court along with Dr. Yasir Awan and M. Shoaib. Mubeen A. Siddiqui and Muhammad Uzair Chughtai, Advocates-on-Record. For
Respondents: Khawaja Tariq A. Raheem, Senior Advocate Supreme Court. Salman Akram Raja, Advocate Supreme Court. Umer Aslam Khan, Advocate Supreme Court along with Irfan-ul-Haq, Legal Advisor, Sajid Akram, DG and Mubashar Iqbal, Director (for NEPRA). Sheikh Muhammad Ali, Advocate Supreme Court. Shumail Butt, Advocate Supreme Court. Faisal Zafar, Advocate Supreme Court. Rashid Hafeez, Advocate Supreme Court. Muhammad Amir Nawaz, Advocate Supreme Court. Ihsan Ahmad, Advocate Supreme Court. Naeem Saeed, Advocate Supreme Court. Ch. Mumtaz-ul-Hassan, Advocate Supreme Court. Syed Ali Imran, Advocate Supreme Court. M. Ijaz Jamal, Advocate Supreme Court. Haq Nawaz Chattha, Advocate Supreme Court. Ch. Anwar-ul-Haq, Advocate Supreme Court. Mian Mehmood Rashid, Advocate Supreme Court. A.G. Tariq Chaudhary, Advocate Supreme Court. Khurram Shahzad Chughtai, Advocate Supreme Court. Nadeem Saeed, Advocate Supreme Court. M. Yaseen Farrukh, Advocate-on-Record. Mian Ghulam Hussain, Advocate-on-Record. Mehmood A. Sheikh, Advocate-on-Record. Syed Rifaqat Hussain Shah, Advocate-on-Record. Ch. Akhtar Ali, Advocate-on-Record. Tariq Aziz, Advocate-on-Record. Mian Liaquat Ali, Advocate-on-Record. Dr. Adnan Tariq, Advocate High Court (with permission of court). Muhammad Tufail, Maqsood Ahmad and Muhammad Ali in person. For Federation: Mansoor Usman Awan, A.G.P. and Ch. Aamir Rehman, Additional A.G.P. Date of hearing: 16th October, 2023.
FAISALABAD ELECTRICITY SUPPLY COMPANY (FESCO) through Chief Executive, Faisalabad and others ---Petitioners
VERSUS
Messrs TARIQ SHAHZAD WEAVING FACTORY through Proprietor and others ---Respondents
Law: Pakistan Penal Code, 1860
Section: 7(2)(g), 12G, 12G(6)
Law: Constitution of Pakistan, 1973
Section: 185(3)
Constitution of Pakistan--- ----Art.185(3)---Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997), Ss.7(2)(g), 12G & 12G(6)---Electricity tariff adjustment---Constitutional petitions filed by consumers before the High Court, maintainability of---Alternate statutory remedy, non-availing of---Present petitions for leave to appeal were filed against the High Court's consolidated judgment whereby a large number of consumers' writ petitions were decided in matters arising from NEPRA-related electricity tariff decisions/adjustments, including disputes concerning Fuel Price Adjustment and Quarterly Tariff Adjustment; the petitioners before the Supreme Court included various DISCOs (e.g., FESCO, LESCO, MEPCO, GEPCO, IESCO), NEPRA and the Federation, while the private respondents were electricity consumers; the record also reflected related tariff-category disputes such as zero-rate tariff issues for exporters and changes affecting cold storages (industrial to commercial), alongside references to the statutory framework under the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 providing for review before NEPRA and appeals to the Appellate Tribunal (and further appeal thereafter)---Held: After concluding that the respondent consumers' writ petitions before the High Court were not maintainable, the Supreme Court gave the parties a chance to propose a workable solution, and they agreed to dispose of the present petitions on settled terms---A separate petition for leave to appeal arising from another constitutional petition involved zero-rated tariff for exporters and was treated as distinct and was to be heard with similar pending writs---Other constitutional petitions decided by relying on the same impugned judgment, though not yet challenged, were directed to be dealt with on the same footing since all parties were before the Supreme Court---In cold-storage matters (tariff shifted industrial to commercial), where NEPRA had heard and reserved decision, it was noted that NEPRA should decide independently under the law, uninfluenced by the impugned judgment--All present petitions were…