LHC stays giving Nepra to cabinet division

LAHORE - Lahore High Court Chief Justice Syed Mansoor Ali Shah on Wednesday suspended a notification whereof National Electric Power Regulatory Authority was given under the administrative control of cabinet division. The chief Justice observed that the cabinet, apparently, seemed could not apply so far independent mind to every rising issue. The CJ passed the order on a petition moved by Pakistan Tehreek-i-Insaaf leader Jahangir Khan Tareen in which he had challenged the government’s step of giving Nepra and other authorities under administrative control of  their respective ministries. During the proceedings, the counsel of the petitioner pointed out that the high court stayed the process of giving Nepra under administrative control of the cabinet but despite that a notification had been issued and it had been given under cabinet’s control. At this, the Chief Justice expressed dismay. However, a law officer of the federal government opposed the petitioner’s stance saying that Nepra was not given under cabinet’s control.  He said only administrative control of the federation was given to the respective ministries from the cabinet division. The law officer raised an objection that the courts cannot define administrative affairs of the federal government; it was the prerogative of the elected representatives that what kind of administrative affairs they would perform.

 On it, the Chief Justice observed that all including the Chief Justice himself and representatives were bound to act under the law.  Cabinet is the name of collective thought while meeting minutes of the cabinet meetings point out an individual’s wish, he further remarked. He also observed that important constitutional questions surfaced during the case of regulatory authorities. “The government must show seriousness so that a decision should come on this issue,” the CJ remarked. Giving another opportunity to the federal government to submit written reply, the court adjourned further proceedings until Nov 8.

 

 

 

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