IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
C.P.No.D-678 of 2013.
1. For hearing of MA No.2187 (C/A).
Before:
Mr. Justice Muhammad Iqbal Kalhoro
Mr. Justice Irshad Ali Shah
Applicant/Petitioner: Yaseen Mustafa through Mr. Ashfaque Hussain Abro, Advocate.
Alleged contemnors: XEN, Mushtaque Ali Burdi and S.E. Nazir Ahmed Soomro, SEPCO, Larkana through Mr. Ali Nawaz Junejo, Advocate.
Date of hearing: 22.02.2018.
Date of Order: 22.02.2018.
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O R D E R
IRSHAD ALI SHAH, J.- The applicant by way of instant application which he has filed Under Article 204 of Constitution of Islamic Republic of Pakistan read with Section 3 & 4 of the Contempt of Court Act, has sought for initiating contempt proceedings against the respondents/alleged contemnors, as according to him, they have made willful defiance of order dated 27.02.2014 of this Court.
The brief facts necessary for disposal of instant application are that the applicant filed a Constitutional Petition bearing No.D-687 of 2013 before this Court praying therein that the respondents/contemnors be directed not to harass him without due course of law and not to recover from him the electric dues without due process and to redress his grievance after verifying the load and consumption.
The petition so filed by the applicant was disposed of by this Court on 27.02.2014, in the following terms;-
1. All the petitioners may approach to the concerned Executive Engineer(Operation) with their complaints within seven (07) days from the order of this Court, who after having received the same shall instantly forward the same to the Reconciliatory Committee which shall be constituted by Chief Executive Officer, SEPCO, Sukkur headed by Chief Commercial Officer for the purpose of resolution of the complaints of electricity consumers and their acknowledgments to the complainants/consumers.
2. The Reconciliatory Committee and representative to be nominated by NAB shall dispose of such complaints within four (04) weeks from the date of receipt of such complaints after providing an opportunity of being heard to the complainants/consumers.
3. The petitioners whose electricity connection has already been disconnected by SEPCO may make representation to the concerned XEN requesting for restoration of electricity connection who shall examine the same within a period of seven(07) days and in appropriate cases may restore the electricity connection subject to payment of current electricity dues after issuance of provisional corrected bill describing payment of current dues, whereas, recovery of the arrears of the electricity dues will be subject to final decision by the Reconciliatory Committee.
4. In view of the undertaking given by Mr.Mushtaque Hussain SDO Chandka Sub-Division and Mr.Sabir Ali Bugti, SDO, Empire Road, Larkana, the complainants/consumers may make payment of 33 % of the dispute bill, where-after their electricity connection may be restored however, the same will be subject to final decision by the Reconciliatory Committee on the complaints filed by the complainants/consumers. The SEPCO authorities are at liberty to take action against the electricity consumers, who are using illegal connections in accordance with law.
The respondents/alleged contemnors filed their objections in denial to the averment made by the applicant in instant application by stating therein that; they in compliance of order dated 27.02.2014, of this Court have issued 33 % of the disputed bill for payment, which is not paid by him and instead he has filed the instant application.
It is contended by learned counsel for the applicant that; the respondents/alleged contemnors in terms of order dated 27.02.2014 were under lawful obligation to have restored the electricity connection of the applicant, which they have failed to restore, as such they are liable to be prosecuted for committing willful defiance of order of this Court.
It is contended by learned counsel for the respondents/alleged contemnors that they in obedience to order dated 27.02.2014, of this Court issued a bill for payment of 33 % of the disputed bill in favour of the applicant, which he has failed to pay and then in order to blackmail them has filed instant application, which is liable to be dismissed.
We have considered the above arguments and perused the record.
The bare perusal of the order dated 27.02.2014, reveals that XEN SEPCO was advised that he may restore the electric connection of the applicant and others in appropriate cases on making of such request. The use of the word “may in appropriate cases” signifies that the order of this Court was not directory or obligatory in its nature. Be that as it may be, the restoration of electricity connection as is evident of the last Para of the order of this Court, was subject to payment of current electricity provisional corrected bill after making payment of 33 % of the disputed bill. In compliance to that order of this Court, the bill containing 33 % of the disputed amount of the bill as per respondents/alleged contemnors was issued in favour of the applicant, which he failed to pay, which is not rebutted. None indeed could be permitted to defeat the recovery of the public money by involving the public officers/officials in contempt proceedings. No case for initiating contempt proceedings against the respondents/alleged contemnors is made out. Consequently, the instant application is dismissed.
J U D G E
Ashfaq.S/*