SHC asks govt if it intends to take any steps to solve gas crisis in Sindh

The Sindh High Court on Tuesday observed that the people of Sindh are facing hardships in receiving natural gas and most of them do not even have enough gas to make a single cup of tea in the morning.

The court directed the provincial law officer to file a statement in respect of what steps if any the government intends to take to resolve the gas crises in light of Article 158 of the constitution.

Issuing order on a petition regarding lack of provision of welfare funds for the people of oil and gas exploration areas and non-implementation of Supreme Court orders, a high court division, headed by Justice Mohammad Karim Khan Agha, observed that Article 158 makes it clear that the province in which a well head of natural gas is situated shall be given preference over other parts of the country, subject to commitments and obligations.

The court observed that the federal and provincial law officers have not informed it about any obligations and commitments. It directed the provincial law officer to file a statement along with a time frame about what the government of Sindh intends to do in order to enforce Article 158 of the constitution or come to some amicable solution in the Council of Common Interest in line with the constitution which would benefit the people of Sindh in this regard.

The court observed that prima facie it appears that any decision made by the CCI might not override the provisions of Article 158 of the constitution. The court asked the amicus curiae to assist the court on the issue even if a decision made in the CCI cannot override the provision of the constitution or vary such article of the constitution.

The provincial law officer has placed a letter of the chief secretary seeking instructions as to how the Sindh government intends to proceed with respect of Article 158 due to severe gas shortage in Sindh. He submitted that as per the Supreme Court order the prime minster was to convene a meeting of the CCI with the provincial chief executives in order to come to some amicable solutions regarding disbursement of natural gas throughout country. He said that the matter was not re-listed after May 21, 2018.

The court directed the provincial law officer to submit all written discussions, recommendations or orders made by the CCI.

Regarding long-term rehabilitation of flood-affected people, the court directed the deputy commissioners to ensure that funds provided by the government to repair or rebuild houses of flood victims were effectively used fairly and accounted for through a proper audit. It directed the DCs to submit their reports with regard to the use of funds which they had received from exploration and production companies.

Regarding gasification of villages near gas fields in Sindh, the court was informed that the Sui Southern Gas Company had received an amount of Rs.660.215 million from the federal government for gasification of villages as per the agreed schedule by the SSGC.

The petroleum division had earlier informed the court that petroleum (exploration and production) policies in 1990s and 2010s, approved by the federal governments, provided that gas allocation as well as purchase of pipeline quality gas would be decided by the federal government.

The secretary of the petroleum division submitted that the Petroleum Policy 2012 had been approved by the Council of Common Interests, which provided a mechanism for the sale and purchase of natural gas in the country. He submitted that the right to make commitments and set precedence of usage of gas remains vested exclusively with the federal government. He said the federal government is exclusively competent to make and revise any policy with regard to natural gas.