Leaked documents from utility courts show that about Rs. 40m of dues claimed by K-Electric remain pending against several electricity accounts. The top 21 collectively owe Rs.30m in dues with the top two owing Rs. 2.7m and Rs. 2.1m respectively. Major accounts are based in the southern city of Karachi in North Karachi, F.B. Area, Bhutto Colony, Taiser Town, Nazimabad, and New Karachi.Amid skyrocketing inflation and increasing prices of electricity ordered by the government, many customers are faced with difficulty in paying their bills. In some cases, these customers are choosing to steal electricity to meet their requirements, which is a blatant violation of the law.Under The Criminal Law Amendment Act of 2016, utility courts were empowered to process cases of electricity theft under the Pakistan Penal Code However, inefficiencies and haphazard approaches are preventing the law from being enforced properly. Sources stated that 951 cases have been registered by KE between 2019 and 2023 out of which 630 are still awaiting trial. The accused in 35 cases out of the list have been issued non-bailable arrest warrants where the accused must be arrested and produced in the court for trial.
Before amendments to the Criminal Act in 2016, theft cases could result in direct registration of an FIR. Sources state that KE filed 588 such FIRs out of which 587 were successfully prosecuted and settled.
Filing a complaint with the judicial system leaves matters at the mercy of the court to take relevant action and issue the required legal documents including a simple legal notice or warrants. Meanwhile, power thieves can rampantly use electricity without any punitive measures, hiding behind the ‘sub-judice’ nature of their case.
Interestingly, most complaints are withdrawn after warrants are issued and the accused pays the outstanding amount. Per NEPRA CSM, power supply is disconnected, and details of theft are provided in writing to the police by DISCO which can be followed by legal process.
In practice, these steps themselves can take about a year – from detecting theft, disconnecting the accused customer, filing the complaint. Then begins the time-consuming, expensive process of legal procedures, gathering documentary evidence, procuring CNICs of accused, issuing legal notices, witness statements and so on.
It is AFTER this process is completed that the trial itself can begin and the offense is proved in court.While accused parties tend to settle dues before trial, it has already caused significant damage to the safety of the network and financial losses to the company.
Areas across Pakistan where theft takes place are facing load shedding which is unfair to the few good customers who pay their bills. Legal systems need to pick up their turnaround times if they want to maintain their bite and be taken seriously. Failing that, perhaps a reversion of the legal procedures is needed which allow lodging an FIR and immediate police action.
