KARACHI: SC orders rehearing of case against KESC: Levy of load regularisation charges
By Our Staff Reporter
KARACHI, Dec 15: The Supreme Court has remanded the case of about 120 commercial and industrial undertakings and domestic consumers against load regularisation charges levied by the Karachi Electricity Supply Corporation for rehearing by the Sindh High Court after issuing notices to the attorney-general, the National Electric Power Regulation Authority (Nepra) and the federal and provincial governments.
The consumers had assailed the imposition of charges, amounting to a total of about Rs500 million, by the KESC in 2001 on the ground that after the enforcement of the Nepra Act in 1997, the KESC could not levy any charges. Only the Authority was empowered to fix and recover any amount pertaining to power supply. The KESC rejoined that the levy did not amount to tariff and partook of the nature of development charges and security deposit, etc.
An SHC division bench allowed the petition, holding that the provisions of the Nepra Act shall prevail over those of the Electricity Act-1910, and that the Authority alone had the power to realise charges pertaining to electricity supply.
The KESC challenged the SHC order in the Supreme Court through advocates Abdul Hafeez Pirzada and Abid S. Zuberi. The counsel inter alia argued that though the case involved interpretation of two federal enactments, it was decided without issuing notices to the attorney-general and the federal and provincial governments and the Nepra, which were all necessary parties.
An SC bench comprising Justice Tasaddaq Husain Jilani, Justice Nasir Mulk and Justice Syed Jamshed Ali remanded the case for readjudication after hearing the attorney-general and the necessary parties.
CINEMAS RESTRAINED: Justice Khilji Arif Husain of the Sindh High Court on Friday barred exhibition of the James Bond film ‘Casino Royale’ till the next date of hearing of a suit on December 19.
The Plaintiff firm, Box Office, claimed through Advocate Irfanullah Khan that it has exclusive right to exhibit the movie and M/s WorldCall Telecom were advertising its display in their profile. Impleading the WorldCall, the Pakistan Electronic Media Regulatory Authority (Pemra) and cable operators as defendants, the firm claimed that the screening, transmission or telecast of the film would amount to an infringement of its rights.
The court passed an interim restraint order and issued notices to the defendants for December 19.
HEARING ADJOURNED: The hearing of petitions moved on behalf of Guantanamo Bay prisoners Saifullah Paracha and Majid Khan was adjourned for want of time.
According to a message received from Paracha’s American lawyer Gailard T. Hunt by his counsel in Karachi, Nisar A. Mujahid, the prisoner has declined to undergo cardiac catheterisation in jail as it would ‘endanger his chances of ever returning home’. According to the message, the prison authorities have denied him advice by any civilian doctor, including his sister-in-law, who practices medicine in Connecticut, USA.
