Directs power consumers to approach NEPRA with complaints regarding load shedding and distribution policies.
PESHAWAR:
In an important ruling, the Peshawar High Court (PHC) held that civil courts have no legal authority to intervene in matters related to electrical load shedding or administrative policies of the Peshawar Electricity Supply Company (PESCO).
The decision was delivered by a single bench comprising Justice Waqar Ahmad on a civil review petition filed by residents of Jangal Khel area in Kohat district. The petitioners challenged the prolonged daily load shedding, allegedly of up to 18 hours, which they claimed was discriminatory and violated their fundamental rights. They argued that civil courts could hear these cases under Article 9 of the Code of Civil Procedure (CPC), since the provision of basic services is the responsibility of the State and unjust power cuts infringe constitutional rights.
However, lower courts, including the civil court and Kohat district court, had already dismissed the suit for lack of jurisdiction and merit.
Representing PESCO, advocate Asadul Mulk raised a legal objection, stating that all issues relating to generation, transmission and distribution of electricity fall exclusively under the domain of the National Electric Power Regulatory Authority (NEPRA). Established under the NEPRA Act 1997, NEPRA acts as an independent regulatory body with special powers to handle complaints and regulatory matters in the energy sector.
The court, in its detailed judgment, observed that the NEPRA Act gives the authority exclusive jurisdiction over such disputes. He highlighted article 45 of the law, which gives its provisions a prevailing effect over conflicting laws. The court further noted that the law already provides specific forums for consumers to file complaints and seek redress.
Citing various Supreme Court precedents, the apex court reaffirmed the principle of special jurisdiction that when a law designates a specific forum or regulatory body for particular matters, ordinary civil courts are prohibited from interfering.
The court emphasized that decisions relating to load shedding schedules, power distribution and administrative policies of PESCO are technical and regulatory in nature and fall solely within the purview of NEPRA.
