Requests electricity consumers to approach NEPRA for their grievances regarding load shedding and distribution policies.
PESHAWAR:
In a significant ruling, the Peshawar High Court (PHC) has held that civil courts have no legal authority to intervene in matters relating to power load shedding or administrative policies of the Peshawar Electric Supply Company (PESCO).
The ruling was delivered by a single bench of Justice Waqar Ahmad on a civil review petition filed by residents of Jangal Khel area of Kohat district. The petitioners challenged the prolonged daily load shedding, allegedly up to 6 p.m., which they claimed was discriminatory and violated their fundamental rights. They argued that civil courts could hear such cases under Section 9 of the Code of Civil Procedure (CPC) because the provision of basic public services is the responsibility of the state and unjust power cuts infringe on 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, lawyer Asadul Mulk raised a legal objection, saying all matters relating to the generation, transmission and distribution of electricity fell exclusively within the domain of the National Electric Power Regulatory Authority (NEPRA). Established under the NEPRA Act of 1997, NEPRA serves as an independent regulatory agency with special powers to address complaints and regulatory matters in the electricity sector.
The court, in its detailed judgment, observed that the NEPRA Act vests exclusive jurisdiction over such disputes on the authority. He highlighted Section 45 of the Act, which gives its provisions overriding effect over conflicting laws. The bench further noted that the law already provides for dedicated forums for consumers to file complaints and seek redressal.
Citing various Supreme Court precedents, the High Court reaffirmed the principle of special jurisdiction that where a law designates a specific forum or regulatory body for particular matters, ordinary civil courts have no right to intervene.
The court emphasized that decisions regarding load shedding programs, power distribution and administrative policies of PESCO are technical and regulatory in nature and fall solely within the jurisdiction of NEPRA.
