PHC seeks reply from federal govt over Nepra control shifting

PESHAWAR: The Peshawar High Court (PHC) on Tuesday sought reply from the federal government in a writ petition challenging the transfer of the administrative control of the National Electric Power Regulatory Authority (Nepra) from the Cabinet Division to the Water and Power Division.

The petition was filed by Pakistan Tehreek-e-Insaf (PTI) parliamentary leader in Senate Nauman Wazir. A two-member bench comprising Chief Justice Yahya Afridi and Justice Ikramullah Khan issued notice to the federation through Cabinet Division, Nepra through its chairman and Khyber Pakhtunkhwa government through the chief secretary. They were directed to explain their position before passing any stay order in the case.

However, in the interim relief the court adjourned the case till today (Wednesday) to receive replies from the respondents before passing a stay or restraining order in the case. The petitioner’s lawyer, Shumail Ahmad Butt, submitted before the bench that the federal government decision to transfer the administrative control of the Nepra would end independence of the regulatory body.

The lawyer submitted that the Nepra had been placed under the direct administrative control of the same ministry and it would not only give birth to serious instances of conflict of interest but would also invariable situations where the Nepra will act both as adjudicator and the party in the same cause.

The PTI senator sought the court order to declare the December 19, 2016 Cabinet Division memorandum on the transfer of administrative control of regulatory authorities to the relevant divisions and more particularly, Nepra, to the Water and Power Division as illegal.

The petitioner claimed the Cabinet Division in an illegal and unlawful manner had issued a memorandum on December 19, last year, whereby alongside a few other regulatory authorities, administrative control of the Nepra was transferred from the Cabinet Division to Water and Power Division.He said it made secretary water and power de facto head of the Nepra and thus compromised its regulatory independence with a single stroke of pen.