Directs power consumers to approach NEPRA for complaints about load shedding, distribution policies
PESHAWAR:
In a landmark ruling, the Peshawar High Court (PHC) has held that civil courts have no legal authority to intervene in cases related to load shedding or the administrative policies of the Peshawar Electric Supply Company (PESCO).
The decision was taken by a single bench comprising Justice Waqar Ahmad on a civil revision petition filed by residents of Jangal Khel area in Kohat district. The petitioners challenged prolonged daily load shedding, allegedly up to 18 hours, which they claimed was discriminatory and violated their fundamental rights. They argued that civil courts could hear such cases under Section 9 of the Code of Civil Procedure (CPC) as provision of basic utilities is a state responsibility and unfair power cuts violate constitutional rights.
However, lower courts, including the Civil Court and the District Court in Kohat, had already dismissed the case for lack of jurisdiction and merit.
Representing PESCO, Barrister Asadul Mulk raised a legal objection, arguing that all matters relating to power generation, transmission and distribution fall exclusively under the domain of the National Electric Power Regulatory Authority (NEPRA). Established under the NEPRA Act 1997, NEPRA acts as an independent regulatory body with special powers to deal with complaints and regulatory matters in the electricity sector.
The court observed in its detailed judgment that the NEPRA Act gives the authority exclusive jurisdiction over such disputes. It highlighted Section 45 of the Act, which gives its provisions overriding effect over conflicting laws. The bench further noted that the law already provides dedicated forums for consumers to lodge complaints and seek redressal.
Citing various Supreme Court precedents, the High Court affirmed the principle of special jurisdiction that when a statute designates a specific forum or supervisory body for special matters, ordinary civil courts are precluded from interfering.
The court emphasized that decisions regarding load shedding schedules, power distribution and PESCO’s administrative policies are technical and regulatory in nature, falling solely within the purview of NEPRA.
