Khyber Pakhtunkhwa prime right over gas production: Punjab industrialists' appeal accepted for regular hearing

The Supreme Court Monday accepted Punjab-based industrialists appeal for regular hearing, against Peshawar High Court verdict, which had declared that gas consumers in Khyber Pakhtunkhwa have the prime right over gas produced in the province under Article 158 of constitution.
A two-member bench headed by Justice Tassaduq Hussain Gillani and Justice Tariq Pervaiz issued notices to Attorney General for Pakistan Molvi Anwarul Haq and Advocate Generals of all provinces on April 11. Salman Akram Raja, counsel for Punjab industrialists, told the bench that there was no gas load shedding in other three provinces of the country, while industries in Punjab facing severe shortage of gas which has badly affected their business.
"This is will prove to be a disaster for the government," he observed. The PHC in December last year had upheld the plea of 28 petitioners that the gas consumers of KP enjoyed the first right over the gas produced in their province and had directed Sui Northern Gas Pipelines Ltd (SNGPL) to ensure uninterrupted supply of gas to the consumers of the province from the well-heads situated there.
"A look at Article 158 of the Constitution leaves no doubt that province in which well-head of natural gas is situated shall have precedence over other parts of Pakistan in meeting requirement from that well-head subject of course to the commitments and obligations as existed on commencing date," said Chief Justice PHC Ejaz Afzal Khan and Justice Mazhar Alam Miankhel in their ruling.
"Article 172 (3) provides that mineral oil and natural gas within the province shall rest jointly and equally in that province and federal government but this article does not say any where that the requirement of the province in which well-head of natural gas is situated shall not have precedence over other parts in meeting requirement from well-head," the bench had observed. The industrialists/owners of the textile, spinning, dyeing, chemical, printing and food processing industries in Lahore, Gujranwala and Faisalabad have challenged the PHC decision as an individual in the Supreme Court.