While issuing notices to the National Electric Power Regulatory Authority NEPRA chairman, the Islamabad High Court (IHC) on Wednesday stayed the fuel price adjustment (FPA), imposed by the NEPRA authorities on common masses, but to the extent of the applicant. However, the petitioner says he will file another petition in the same court to apply the decision to all the residents of Islamabad Capital Territory (ICT).
A single member bench comprising Justice Riaz Ahmad Khan was hearing the pro bono petition filed by Abubakr Sehri Advocate against imposition of FPA, saying the notification was illegal and unlawful.
He told the court that the NEPRA was imposing Rs 77 billion FPA on innocent citizens, despite of the fact that the illegal surcharge/adjustment was in contravention to the article 25 and 4 of the Constitution and also in violation to the Section 31 of the Regulation and Generation.
Sehri contended that the NEPRA was negating its own policy of giving relief of Rs 14 billion to the general public and was rather taking fuel rates for the Fiscal Year 2011-12, deceivingly calculating it from FY 2010-11 to have monetary gains.
Furthermore, he told the court that newly-added Section 31(4) in the NEPRA Act was in strict violation of the Article 25 of the Constitution of Islamic Republic of Pakistan.
After hearing his arguments, Justice Riaz Ahmad Khan stayed the FPA to the extent of the petitioner and adjourned the hearing until first week of February.
However, talking to Pakistan Today, Abubakr said he had filed the petition for the sake of the public and the decision should also be applied on all citizens.
“According to my knowledge, the decision of suspending FPA is for all, but if the court has given decision to the extent of petitioner, I will submit an application before the court for clarification of order,” he added.
