SC asks Punjab to recommend Nepra member''s name

The Supreme Court has ordered the Punjab government to recommend name for a member of National Electric Power Regulatory Authority (Nepra) so that its board could be completed. According to the Nepra Act 1997, the Authority comprises chairman and four members from all the four provinces. The absence of even one of its members renders the Nepra incomplete.
A three-member bench, headed by Justice Amir Hani Muslim, heard the case on Thursday and its verdict was released on Saturday. The court has issued notices to Attorney General for Pakistan and the chief law officers of all the provinces. The federal and the Punjab governments have been directed to submit written statement on the next date of hearing in February, 2017.
A member of Nepra from Punjab was retired in April last year, but the provincial government didn''t not recommend name of its nominee in place of the retiring member. The petitioner Advocate Anwar Kamal had filed the review petition under Article 188 of Constitution read with Order 26 Rule 1 and Order 33 Rule 6 of Supreme Court Rules, 1980, against the Supreme Court''s verdict of 8-12-2015.
According to the petition, the apex court''s judgement was announced without hearing the necessary parties and the most important stakeholders, including the federation and all the provinces. He pleaded that the apex court had delivered its verdict in the absence of the federation, all the four provinces, the public at large and the consumers, all of whom were necessary parties.
He stated that Nepra which came into being through Nepra Act, 1997 was mandated to protect the interests of consumers and companies providing electric services. He said at the time of the promulgation of Nepra Act, it was envisaged that it would represent the federation and each of the four provinces. The provincial representation and participation is the heart and soul of federalism.
He informed that the rules for seeking nomination of members from the provincial governments have not yet been framed. He said that in the generation of electricity and proposed privatisation of state-owned distribution companies (Discos), it is important that Nepra should work as an independent regulator in accordance with the provisions of Nepra Act, 1997.
It is equally important that eligibility criteria laid down for the selection and appointment of chairman and members of Nepra should strictly be complied with. He submitted that the federal government''s failure to abide by even a single of the three principles would result in "regulatory capture" of the Authority by the federation to the detriment of the rule of law. He asked the apex court to review its judgement as it has resulted in the complete and abject surrender of its independence and autonomy by Nepra. The hearing of the case has been adjourned till first week of February.