C.P.No.D-236 of 2016

For hearing of CMA-3240/2016

13.04.2016

Syed Imtiaz Ali Shah advocate a/w Karamullah and Javed Ahmed petitioners No.1 & 15 respectively.

Mian Mumtaz Rabbani, Deputy Attorney General a/w Karim Bux Soomro, XEN, SEPCO, Ghotki.

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Learned counsel for the petitioners submits that in spite of specific orders passed by this Court on 11.02.2016, the electricity connection of the petitioners, who were making payment of their regular bills, has not been restored. On 05.04.2016 notice was issued to the respondent/alleged contemnor of the listed application, whereas, respondent No.3 i.e. XEN, SEPCO Division, Ghotki, was directed to be in attendance and it was observed that it is expected that order passed by this Court on 11.02.2016 shall be complied with in letter and spirit, however, when the matter was taken up for hearing in Court, neither any reply to contempt application was filed nor the XEN, SEPCO Ghotki was in attendance. Mr. David Lawrence, who was present in Court in some other cases, shown appearance and submitted that he will call the concerned XEN, who will assist this Court with regard to compliance of Court’s order. The matter was kept aside and has been taken up in Chambers, when Karim Bux Soomro, XEN SEPCO, Ghotki has shown appearance and submits that the order passed by this Court on 11.02.2016 has duly been complied with, as the electricity of the petitioners has been restored, however, he has tendered his apology for not being in Court in the morning on account of some personal exigency. He has further stated that a large number of inmates of village Adloo Machhi, Taluka and District Ghotki are involved in electricity theft and are defaulters, whereas, huge amount in respect of electricity charges is outstanding against them. It has been stated that concerned police does not provide any assistance nor any FIRs in respect of such offenders are being registered.

It may be observed that while disposing instant petition on 11.02.2016 there was no restraining order whatsoever requiring the respondents not to recover the legitimate electricity dues from the defaulters or to take any legal action as may be provided under the Electricity Act against such persons, who commit an offence including electricity theft etc. Directions were only issued in respect of the petitioners who were admittedly making payment of their electricity charges regularly. Since the order passed by this Court has duly been complied with today and the alleged contemnor has tendered his unconditional apology and ensured to remain vigilant while dealing with Court matters, instant contempt application is disposed of, however, it may be observed that SEPCO authorities are at liberty to take all legal steps against the delinquent consumers, who are making default in payment of electricity charges or commit any offence in respect of electricity, strictly in accordance with law.

JUDGE

JUDGE

N.M.