SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
 
 
 
Mr. Justice Gulzar Ahmed, CJ 
 
 
 
Mr. Justice Ijaz ul Ahsan 
 
 
 
 
 
Human Rights Case No.20883 of 2018 
[In the matter of Excessive and Unannounced Load Shedding in Sindh] 
 
 
In Attendance 
  
 
: Mr. Khalid Javed Khan, Attorney 
General for Pakistan. 
 
 Mr. 
Sohail 
Mehmood, 
Deputy 
Attorney General 
 
 Mr. 
Farrukh 
Dall, 
Assistant 
Attorney General  
 
 Umer Rasool, Secretary, Power 
 
 Tauseef 
Farooqi, 
Chairman, 
NEPRA 
 
 Mr. Kashif Hanif, ASC (for NEPRA) 
 
 Mr. Abid S. Zuberi, ASC  
(for K-Electric) along with  
Syed Moonis Abdullah Alvi, CEO, 
K-Electric  
(via video link from Karachi)  
 
 Mr. Muhammad Munir Paracha, 
ASC  
Syed Rifaqat Hussain Shah, AOR 
(for HESCO & SEPCO) 
 
 Muhammad Yaqoob, CEO, HESCO 
Zaheer Sheikh, Chief Operating 
Officer, HESCO  
 
 Muhammad Saleem Khan, CEO, 
SEPCO, Sukkur 
 
 Sattar 
Bux 
Soomro, 
Director, 
SEPCO 
 
 Mr. Arshad M. Tayebaly, ASC 
Mr. Tariq Aziz, AOR 
(in CMA No.76/2020) 
 
 Mr. Faisal Siddiqui, ASC 
(via video link from Karachi) 
 
  
Date of Hearing 
: 01.09.2020 
 
O R D E R 
 
 
Gulzar Ahmed, CJ.— Power Division, Ministry of 
Energy has filed its reply by way of H.R.M.A. No.78 of 2020. Such 
S-1-H.R.C.No.20883 of 2018 (RO).doc 
- 2 - 
 
 
 
reply has been examined by the Court and found to be thoroughly 
unacceptable and does not comply with the Court’s order, 
pursuant to which this reply has been filed.  
 
2. 
 
Mr. Umer Rasool, Secretary, Power has appeared 
before the Court and states that this reply has been filed by him. It 
seems that this very reply of Power Division, Ministry of Energy 
goes contrary to what NEPRA is doing and taking action against K-
Electric and there seems to be no coordination between the Power 
Division and NEPRA and further with NTDC. The Ministry of 
Energy (Power Division) is required to ensure that there is proper 
coordination between all the departments and whatever is to be 
done with regard to K-Electric a coordinated decision should be 
taken by all the relevant departments, agencies and companies, 
and the same should be executed by one department, in that, there 
should be one window operation with the K-Electric. K-Electric 
should not be allowed to go about various departments of the 
Government or companies or agencies for achieving of its 
objectives.  
 
3. 
 
The learned Attorney General for Pakistan has 
contended that since the last date of hearing regarding K-Electric 
matter i.e. 13.08.2020, situation in Karachi has become worse and 
becoming more and more worse day by day, as on the present day, 
almost half of the Karachi does not have supply of Electricity. Mr. 
Abid S. Zuberi, learned ASC states that this state of affairs is 
because of the rains in the city of Karachi as the infrastructure of 
K-Electric has submerged or inundated in the water. If that be so, 
S-1-H.R.C.No.20883 of 2018 (RO).doc 
- 3 - 
 
 
 
K-Electric being a private company, should apply its own resources 
for ensuring clearing of its sub-stations and other distribution 
network from the rain water and it in this regard cannot wait for 
any assistance from the Government, in that, the K-Electric is a 
private company, who has to do its own work and its basic work 
being supply of electricity to the city of Karachi, such work cannot 
be interrupted for mere reason that its installations have been 
affected by rain. As a private institution, it should immediately 
care for such installations and have it cleared immediately, so that, 
electricity supply is restored to its consumers. K-Electric cannot 
blame any institution of the Government in this regard, for that,  
K-Electric has to do its own work and maintain its installations 
and also to secure them from any whether effect.  
 
4. 
 
The learned Attorney General for Pakistan states that 
he has not been able to consult the officials of the Ministry of 
Energy (Power Division) and that he needs time for such 
consultation and thereafter, shall give a proper report to the Court. 
At the same time, learned Attorney General has referred to 
provision of Section 26 of the Regulation of Generation, 
Transmission and Distribution of Electric Power Act, 1997 (the Act 
of 1997), which is as follows: - 
 
 
“26. Modifications. If the Authority is of the 
opinion that it is in the public interest, it may, 
with the consent of the licensee, amend or vary 
the 
conditions 
of 
any 
licence 
issued 
(or 
generation granted) under this Act and in the 
absence of licensee’s consent, the Authority 
S-1-H.R.C.No.20883 of 2018 (RO).doc 
- 4 - 
 
 
 
shall conduct a public hearing on whether the 
proposed amendment or variance is in the 
public interest and shall make a determination 
consistent with the outcome to this hearing.”   
 
5. 
 
The learned Attorney General has contended that the 
issue of electricity in Karachi is that K-Electric has exclusive right 
of generation and distribution of electricity in the city of Karachi 
and therefore, to overcome the issue of exclusivity, the above 
quoted provision of law has to be given effect and the 
determination has to be made by the Authority. As the law has 
provided the provision, we do not see any impediment as to why 
the Authority is not empowered to give effect to the said provision 
of law. The Authority may proceed to implement Section 26 of the 
Act of 1997 and make its determination. While making such 
determination, the Authority shall not be hampered by any Court, 
either by issuing of any injunctive order or issuing of any writ. The 
Authority, after making the determination, which it shall do within 
one month, will file a report before this Court.   
 
6. 
 
Under Section 12A of the Act of 1997, the Federal 
Government is required to constitute an Appellate Tribunal (the 
Tribunal). It is stated that notification of constitution of the 
Tribunal has already been issued but members of the Tribunal 
have not been appointed yet. Let such members be appointed by 
the Federal Government within 10 days hereof and make the 
Tribunal functional and provide all necessary infrastructure for its 
immediate working.  
S-1-H.R.C.No.20883 of 2018 (RO).doc 
- 5 - 
 
 
 
7. 
 
Adjourned to a date after four weeks.     
 
 
 
 
CHIEF JUSTICE 
 
 
 
 
Bench-I 
ISLAMABAD 
20.05.2020 
NOT APPROVED FOR REPORTING 
Rabbani*/ 
JUDGE