Directs power consumers to approach NEPRA for grievances on load shedding, distribution policies
PESHAWAR:
In a significant ruling, the Peshawar High Court (PHC) has held that civil courts have no legal authority to intervene in matters related to electricity load shedding or the administrative policies of the Peshawar Electric Supply Company (PESCO).
The decision was delivered 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 the provision of basic utilities is a state responsibility and unfair power outages infringe on constitutional rights.
However, lower courts, including the civil court and district court in Kohat, had already dismissed the suit on grounds of lack of jurisdiction and merit.
Representing PESCO, Barrister Asadul Mulk raised a legal objection, asserting that all issues concerning electricity generation, transmission, and distribution fall exclusively under the domain of the National Electric Power Regulatory Authority (NEPRA). Established under the NEPRA Act 1997, NEPRA serves as an independent regulatory body with special powers to handle complaints and regulatory matters in the power sector.
The court, in its detailed judgment, observed that the NEPRA Act grants 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 reaffirmed the principle of special jurisdiction that when a statute designates a specific forum or regulatory body for particular matters, ordinary civil courts are barred from interfering.
The court emphasized that decisions regarding load shedding schedules, power distribution, and PESCO’s administrative policies are technical and regulatory in nature, lying solely within NEPRA’s purview.
