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SC annuls LHC verdict declaring FPA illegal

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Ijaz Kakakhel
Islamabad

The Supreme Court of Pakistan on Monday annulled the decision declaring fuel price adjustment illegal, and referred the matter to the National Electric Power Regulatory Authority Appellate Tribunal.

Headed by Chief Justice of Pakistan QaziFaez Isa, the three-judge bench, which heard the case, has referred the matter to the Nepra (National Electric Power Regulatory Authority) appellate tribunal. In its decision, the apex court observed that the high court’s decision to declare the fuel price adjustment illegal was not constitutionally and legally feasible. A three-member bench of the apex court, headed by the chief justice of Pakistan, disposed of all 1,900 petitions against fuel price adjustment. It annulled the decision of the Lahore High Court that had declared fuel price adjustment in electricity bills illegal.

The SC ruled that the decision of the Lahore High Court was constitutionally and legally not enforceable. Consumer companies were directed to file appeals before the Nepra Appellate Tribunal within 15 days. The tribunal must fix the appeals for hearing within 10 days, and decide them as soon as possible within the statutory period, the order stated. A single bench of the Lahore High Court had declared the fuel price adjustment illegal.

The companies’ lawyer argued that when the fuel price adjustment was charged in May 2022, the formation of Nepra was unconstitutional. The CJP asked that if the establishment of NEPRA was unconstitutional, the judge should have ruled on the matter.

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