Notices to Nepra, Wapda issued

Published July 23, 2002

LAHORE, July 22: The Lahore High Court on Monday issued notices to the National Electric Power Regulatory Authority (Nepra) and the Water and Power Development Authority (Wapda) in a petition questioning the latest increase in the electricity charges.

Petitioner-lawyer M. D. Tahir said the ordinary consumer had his paying capacity already exhausted not only by power rate revisions but also by increase in the charges of other utilities, prices of essential commodities and foodstuffs, transport fares, house rent and direct and indirect levies. As observed by Nepra, the consumer would either be forced to steal electricity or get his connection severed. Despite realizing the enormity of hardship that any increase in power rates would cause, the authority partially allowed the Wapda plea, he pointed out.

When the lawyer referred to the IMF-World Bank pressure, Justice Tasadduq Husain Jilani, who heard the petition, observed that the court could not go into policy matters and political issues. He directed the two authorities to file their rejoinders within two weeks.

Diyat case: Nobody can be kept in custody for failing to pay Diyat, the state counsel submitted before the Lahore High Court on Monday.

Advocate Ashfaq Chaudhry said a defaulter could be jailed for at most six months under Section 544 of the Criminal Procedure Code (CrPC) for non-payment of fine. But there was no such provision in the law of Diyat.

Justice Asif Saeed Khan Khosa, who was hearing a petition agitating the plight of convicts staying in jails after serving out their sentences because of their inability to pay Diyat or compensation, wondered how could a person be punished for poverty. According to a list furnished to the court by the jails department, 145 such convicts are being held for an indefinite period in the province.

Advocate Umar Ata Bandial, amicus curiae, earlier submitted that under the Insolvency Act, a defaulter could be imprisoned for 30 days.

Advocate Afzal Haider, another amicus curiae, will address his arguments on August 2.

The petition has been filed by Advocate M. D. Tahir.

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