KARACHI: The Sindh High Court on Monday directed the petroleum secretary to explain as to how the federal government was taking natural gas from Sindh without its consent to supply it to other provinces.

Petroleum Secretary Ali Raza Bhutta submitted before the SHC that the federal government did not need any permission from province of Sindh to take its natural gas.

He made this comment after the provincial authorities said that Sindh had never given any permission to the federation to take its gas.

A two-judge bench headed by Justice Mohammad Karim Khan Agha observed that the statement of the petroleum secretary was surprising in view of Article 158 of the Constitution.

Court terms petroleum secretary’s statement ‘surprising’ keeping in view Article 158

On the previous hearing, the bench was informed that 15 per cent less gas was being provided to Sindh in order to accommodate other provinces. It had directed the petroleum secretary and Sindh energy secretary to appear along with relevant documentation about an agreement between the federation and province of Sindh.

When the bench took up for hearing a set of petitions seeking gasification of villages around exploration and production sites in Sindh on Monday, the Sindh chief secretary and energy secretary in their comments submitted that there was no agreement or permission signed by the Sindh government about “export of gas to other provinces”.

They maintained that on the contrary, the provincial authorities had time and again approached the federal government and the Council of Common Interest about shortage of natural gas in Sindh and violation of the Constitution.

They further submitted that Sindh was the largest gas producing province and under Article 158 of the Constitution, the areas/provinces producing natural gas had the first right over it.

However, the petroleum secretary contended that the federal government needed no permission to take gas from Sindh.

But, the bench in its order said that the official had not annexed any document or direction in writing which could legally support his claim.

“We find his statement to be rather surprising, keeping in view Article 158 of the Constitution, however, on the next date of hearing the Secretary Ministry of Petroleum shall file detailed response setting out legal basis in which the Federal Government is exporting gas from Province of Sindh without its consent along with any agreements / directions or documents which might support his claim in this regard prior to the next date of hearing with an advance copy to the Advocate General Sindh,” the court order said.

While adjourning the hearing till May 9, the bench also directed Mr Bhutta to ensure his presence in court on the next date.

The petroleum secretary and Sui Southern Gas Company managing director filed compliance reports in the light of earlier orders of the bench about gasification, approval of funds and establishment of educational institutions in the areas / villages located near gas fields in Sindh.

They submitted in the reports that the required funds had been released and now available with the National Bank of Pakistan.

The bench directed the SSGC chief to transfer the funds into the accounts of the company so that gasification of the villages as per the apex court order could be implemented.

The bench suspended the show-cause notice earlier issued to the petroleum secretary for not releasing the funds.

Around 10 identical petitions were filed in SHC regarding non-provision of gas and welfare funds for the villagers located within five kilometres radius of each exploration and production site despite Supreme Court’s directives issued in December 2013.

Published in Dawn, March 29th, 2022