LAHORE, Oct 10: A three-member bench of the Lahore High Court dismissed on Wednesday two writ petitions seeking cancellation of ‘unjust and unconscionable’ contracts with independent power producers for reasons to be recorded later.

Appearing for the federal government, Deputy Attorney-General Muhammad Nawaz Bhatti earlier said the contracts were a matter of policy falling within the exclusive purview of the executive and were not amenable to judicial review.

Representing the power producers, advocates Ashtar Ausaf Ali, Syed Ali Zafar and Haider Zaman submitted that contracts could not be set aside in exercise of writ jurisdiction.

Arguing in favour of the petitions, advocates Maqbool Sadiq Malik and Shakilur Rehman Khan said the contracts were against national interest and should be declared void by the court in public interest.

Earlier on Wednesday, Wapda counsel Tariq Kamal Kazi said there was a ‘misconception’ that thermal power was wholly unnecessary in the presence of hydroelectric plants. He said the power demand fluctuated between minimum and maximum during day-time and thermal generation was essential to ensure a steady flow of electricity.

Water conservation and release for irrigation, he said, were important considerations in raising and lowering the supply of hydroelectric power. Similarly, electricity generated by nuclear plants could not be switched on and off at will to maintain a steady supply. Only thermal power supply could be easily manipulated without extraneous considerations.

As for capacity purchase and the price fixed paid by Wapda, he maintained that they too would come down with the passage of time as the IPPs retire their debts.

The bench, which comprised justices Amir Alam Khan, Karamat Nazir Bhandari and Mian Hamid Farooq, dismissed the petitions, observing that the reasons would be recorded later.

The petitions were filed by the Wapda hydroelectric workers union and a private citizen.