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KARACHI, July 18: The Karachi Electricity Supply Corporation is considering announcing a schedule for loadshedding, the Sindh High Court was informed on Tuesday.
As a division bench, comprising Chief Justice Sabihuddin Ahmed and Justice Mohammad Afzal Soomro, took three petitions against loadshedding, mismanagement and privatization of the KESC, Advocate Abdul Hafeez Pirzada submitted that the new management of the corporation was working on improvements in its operations. It was compelled to interrupt power supply and resort to loadshedding when it became absolutely unavoidable due to factors beyond its control.
The counsel reiterated preliminary objections to the maintainability of the petitions and called for their dismissal.
The relief sought was beyond the scope of Article 199 of the Constitution and the directions prayed for could not be made by the high court in exercise of its writ jurisdiction, he argued.
After the sale of 73 per cent of its shares, he said, the KESC had ceased to be a company owned or controlled by the federal government and was no longer amenable to the high court’s constitutional jurisdiction.
As for the constitution of an inquiry commission of serving and retired judges to look into the affairs of the KESC as requested by one of the petitioners, Advocate Pirzada said the standing committee of the Senate on water and power was already seized of the matter.
The committee was referred the matter, a point of order raised by opposition leader Raza Rabbani. It was likely to give a thorough consideration to the matter and the high court could not be asked to interfere in a matter being examined by a legislative panel.
The counsel also questioned the locus standi of the petitioner. He said the high court could not examine highly technical matters and intricate questions of fact in exercise of its writ jurisdiction.
The privatization commission said in its comments that it had nothing to do with the KESC affairs after the sale of its shares to a private concern. Loadshedding did not result from privatization of the company, but was caused by other factors.
The bench adjourned the hearing to Aug 22 and directed other respondents to file comments in all three petitions.
NOTICE ISSUED: The Sindh High Court issued notices to the Election Commission, the Larkana district nazim, the provincial local government department and other respondents in a petition moved by the deputy district nazim against his recall by a vote of no-confidence passed by the district council.
Petitioner Munawar Ali Abro submitted through Advocate Nooruddin Sarki that a no-confidence motion was moved on July 2 and passed on July 4 while he had already proceeded on leave under intimation to the local government department. The July 8 session of the district council was chaired by Councillor Badruddin Abbasi, who had been named senior-most panellist in a resolution moved earlier in January but not voted by the council, which elects a panel of four members for presiding over its sessions when a no-trust move is under consideration.
The petitioner alleged that the vote against him had been manipulated by a provincial minister. Nazims of five union councils, out of a total of 44, were first sanctioned hefty grants-in-aid. After the tabling of the motion, more than 30 councillors were taken to Quetta and housed in a federal government lodge and were brought to Larkana only on July 8 under police protection. The motion was passed during his leave of absence he had no opportunity to defend himself.
Of the 62 members of the council, the petitioner contended, 34 are said to have cast their votes against him. But two of the ballots cast were subsequently found bogus, while one was folded in a piece of paper and another was marked by the presiding officer on behalf of a lady councillor. There were thus only 30 votes cast in favour of the motion against him and they do not constitute a majority. He requested the court to restrain the Election Commission of Pakistan from giving effect to the motion and make a declaration that he continued to be the deputy nazim.
A division bench, comprising Chief Justice Sabihuddin Ahmed and Justice Mohammad Afzal Soomro, issued notices to the respondents for Aug 8.
