The Lahore High Court dismissed a petition against unannounced electricity and gas loadshedding, imposing a Rs100,000 fine for filing an unsubstantiated case
The Lahore High Court dismissed a petition against unannounced electricity and gas loadshedding, imposing a Rs100,000 fine for filing an unsubstantiated case LAHORE - The Lahore High Court has dismissed a petition concerning unannounced electricity and gas loadshedding, describing it as false, baseless, unsubstantiated and vague, while imposing a Rs100,000 fine on the Judicial Activism Panel for wasting the court’s time and bypassing available legal forums.
Justice Khalid Ishaq issued a detailed 15-page written judgment on a petition filed by the Judicial Activism Panel. Advocate Azhar Siddique represented the petitioner during the proceedings. In the ruling, the court noted that the petitioner had filed a constitutional petition in the public interest regarding the country's energy crisis.
However, the court observed that remedies were already available under the relevant legal framework, including the laws governing the National Electric Power Regulatory Authority and the Oil and Gas Regulatory Authority . According to the judgment, the petitioner approached the high court directly without first exhausting the remedies available before the relevant regulatory forums.
The court further held that the petitioner failed to present concrete evidence or a sufficient legal basis regarding allegations related to loadshedding, tariff matters, line losses and energy policy issues. Justice Khalid Ishaq observed that complex challenges facing the energy sector cannot be resolved solely through judicial directives and require action by relevant institutions, regulators and policymakers.
The judgment stated that the high court cannot function as a regulatory or appellate forum in technical and policy-related matters, which fall within the jurisdiction of executive and regulatory authorities. The court emphasized that public interest litigation is an important legal mechanism that must be exercised with caution and responsibility. It noted that such petitions should not be motivated by publicity, speculation or bad faith.
According to the ruling, a public interest petition must be supported by credible and reliable facts. The court held that speculative claims, hypothetical allegations and petitions lacking a factual foundation are not maintainable under the guise of public interest. The judgment also stated that judicial intervention in complex sectors such as energy is inappropriate unless a serious violation of fundamental rights has been established.
To discourage the misuse of judicial resources, the court imposed a fine of Rs100,000 on the petitioner. The judgment noted that the petitioner had submitted a certificate claiming that alternative forums had already been approached, but the court found the certificate to be incorrect. The court directed the petitioner to deposit the fine with the Lahore High Court Bar Dispensary and submit proof of payment to the Deputy Registrar Judicial within 45 days.
However, the court also suspended the operation of the fine order for 30 days to allow the petitioner an opportunity to file an appeal against the decision. Pakistan's trade deficit hits record $34.75 billion in 11 months
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