ISLAMABAD – A constitutional bench of the Supreme Court, led by Justice Aminuddin Khan, on Monday accepted petitions urging a declaration that providing affordable power supply is the federal government’s constitutional duty under Article 9. Notices were issued to the attorney general after the bench removed registrar’s office objections to the petitions.
Prominent petitioners include FPCCI Vice President Zaki Aijaz and LHCBA President Asad Manzoor Butt, represented by Advocates Feisal Hussain Naqvi and Hasan Irfan Khan. Advocate Naqvi argued that despite power being a fundamental right, most energy contracts since 1994 lacked competitive bidding, undermining transparency.
The petitions call for the nullification of policies from 1994, 2002, and 2015, which allegedly allowed non-competitive allocation of state resources. They demand the government disclose all power purchase agreements, conduct a forensic audit of Independent Power Producers (IPPs), and recover excess profits as highlighted in the 2020 report.
Justice Musarrat Hilali affirmed the court’s jurisdiction, emphasizing the public interest at stake. Justice Muhammad Ali Mazhar referenced prior government task forces on IPP negotiations, underlining the need for implementing recommendations effectively.
Separate Proceedings on Audio Leaks Commission
The bench also discussed the continuation of the audio leaks commission, initially formed to probe alleged recordings questioning judicial independence. Additional Attorney General Chaudhry Aamir Rehman sought an adjournment, citing delays in cabinet deliberations.
The commission, established in 2023 under Justice Qazi Faez Isa, remains inactive since May 2023. The court granted further time for the government to decide on reconstituting the commission.
Story by Nasir Iqbal
