The comments came as the CJP presided over the hearing of a case regarding unannounced loadshedding in Karachi, wherein the apex court severely admonished both the power division and the K-Electric (KE).
CJP Ahmed remarked that the power division’s report was made after taking money from KE.
“The power division's officer who submitted the report should be hanged,” the CJP observed. “How about laying off the joint secretary for such a report? We had sought a report on the prevalent situation, but he wrote about the future. They should inform us about what they are currently doing,” asserted the chief justice.
He added that "the power division's officials should be taken to Karachi so that they can see how the public pelts them with stones." "Their minds will come back to their senses after visiting the city," the CJP remarked.
Justice Gulzar Ahmed further remarked that KE neither provides electricity to the public, nor pays its dues to the federal government.
“KE has not paid even a single penny to the government since 2015,” he said. “The government neither has the competency nor the capability to run the country, and hence, appears desperate," CJP Gulzar further stated.
"The government is acting as a clerk or an accountant of the KE," he said. The chief justice further observed that if the federal government could not bring KE under its writ, then it can't bring the country under its writ either. "The federal government is powerless! What is it doing? Where is its writ? Will it run the country in such a manner?” the CJP further observed.
While speaking to the attorney general the chief justice maintained that the government apperas to be powerless in Karachi. “The people of Karachi have become hostages at the hands of K-Electric,” he said, adding that the power division is treating the city poorly.
To this, the attorney general replied that the special authority to generate electricity becomes null and void if KE does not have the capacity to generate it.
“I withdraw the reply of the power division, will submit a new one,” the attorney general said.
Five-year stay orders
On the matter of KE seeking stay orders to delay action taken against it by the National Electric Poewr Regulatry Authority (NEPRA), Justice Ejaz Ul Ahsan remarked that the court had ordered NEPRA and several other institutions to find a solution to the loadshedding woes of the port city.
He added that heavy downpour had further aggravated the situation.
'Corrupt rulers'
The chief justice further remarked that it is unnecessarily said that Karachi generates 70 per cent of the country’s economy.
“Karachi has now nothing to offer,” he said. “Despite the allocation of billions of rupees, not even a single penny was spent. A mayor who served for four years did not even build a single drain. The local government entities' spent the entire funds on disbursing salaries. Even today, half of the city is drowning in darkness and water,” he observed.
The apex court judge further added that the staff of the Karachi Metropolitan Corporation (KMC) and Cantonment Board cannot be seen anywhere. The Sindh government is responsible for the city’s maintenance, but we are aware that those who have the authority will not take any action. "Millions and billions have already been sent abroad," the chief justice stated adding that their 'offshore accounts have become active'.
'What’s the point of a commission?'
Justice Gulzar Ahmed further remarked that the power sector lacks the will to work. “There was a huge scandal related to petrol,” the chief justice said. “The country’s economy came to the brink of collapse, and the country remained completely shut for 10 days.”
To this, the attorney general said that a commission had been formed to investigate the petrol crisis.
However, the remark did not sit well with the CJP, who in return asked “what the use of the commission was, now that all was said and done.”
CJP Gulzar further remarked that, at present, the government had nothing to offer that would benefit the people.
“There is no coordination between institutions,” he said.”All government institutions are here to assist KE. This time the cat has come out of the bag. We will make the power division’s report a part of the record.”
While ordering the implementation of section 26 of the NEPRA Act, the court observed that under the law, NEPRA has the power to decide by holding a public hearing.
“NEPRA should act according to the law, and decide the matter of KE's special power supply. Members of the tribunal should be appointed in 10 days, and no court can restrain the use of section 26,” the apex court remarked.The SC also rdismissed KE's restraining orders against NEPRA's actions.