• Seeks report from provincial govt about efforts to resolve gas crisis
• Discharges show-cause notice issued earlier to finance secretary

KARACHI: While observing that the people of the province were facing great hardship due to a severe shortage of natural gas, the Sindh High Court on Tuesday directed the provincial authorities to inform it about the efforts being made by them to address the crisis.

The court, while noting that the apex court had referred the issue of gas disbursement to the Council of Common Interest (CCI) for an amicable solution in 2018, asked a provincial law officer to produce written discussions, recommendations and orders made by the CCI in this regard on the next date.

A two-judge bench headed by Justice Mohammad Karim Khan Agha said that as per Article 158 of the Constitution a province producing natural gas has the first right over it, but most of the people in the province do not have enough gas to make a single cup of tea in the morning.

The SHC also directed the Sindh government to file some reasonable comments with time frame and schedule regarding measures being taken to resolve the gas crisis in the province as well as implementation of Article 158 or an amicable solution at CCI which benefit the people of Sindh.

The bench was informed that senior lawyer Makhdoom Ali Khan was unwell. He was appointed as amicus curie on issues concerning Article 158 including whether authority of the federal government taking gas from Sindh without permission of the provincial government, was unwell.

In the light of an earlier order of the bench, Additional Advocate General Zeeshan Adhi produced a letter written to the chief secretary seeking instructions as to how the Sindh government intends to proceed with respect to Article 158 due to a severe gas shortage in the province.

“The article makes it clear that a province in which a wellhead of natural gas is situated shall be given preference over other parts of Pakistan subject to the commitments and obligations as on the commencing date. We have not been informed about any commitments and obligations as on the commencing day,” the bench in its order said.

It observed that the matter pertaining to distribution of gas under Article 158 was referred to the CCI over four years ago, but it had not seen any recommendation, discussion or decision of the council.

AAG Adhi informed the judges that under Article 185, people of Sindh should have been given preference over the natural gas, but they were suffering prima facie due to non-implementation of the said article.

The bench directed the counsel to file a statement along with time frame as to what the Sindh government was intending to do in order to enforce the article in question or some amicable solution at CCI.

The bench noted that prime facie, any decision made by the CCI might not override the provision of Article 158 in any event as such the court would like to ask the amicus curie to address it on the next hearing on the subject issue.

The bench issued such directives while hearing around 10 identical petitions regarding non-provision of gasification and welfare funds for the villagers located within five kilometres of each exploration and production site in Sindh despite the apex court’s directives issued in December 2013.

Meanwhile, the bench discharged a show-cause notice earlier issued to the federal finance secretary as the Sui Southern Gas Company confirmed that an amount of Rs660 million had been released for gasification of villages in Sindh.

Secretary Hamad Yaqoob Sheikh appeared before bench and filed a reply to the show-cause notice and also assured the bench that he would make a mechanism so further payments can be made expeditiously as per agreed schedule.

Published in Dawn, December 21st, 2022