Court Orders Energy Ministry to Address prolonged Power Outages in Private Housing society
Islamabad – The Islamabad High Court has directed the Ministry of Energy (Power Division) to address ongoing electricity issues faced by a private housing society, granting the Ministry four weeks to respond. The order came during the disposal of a constitutional petition filed by the housing society against the Ministry of Energy, the National Electric Power Regulatory Authority (Nepra), and other related parties.
The petition centered on frequent power outages,described by residents as routine “maintenance” that disrupts daily life and infringes upon basic rights. Advocate Tahir Jamil Butt,representing the housing society,argued that consistent access to electricity is a basic necessity and its denial violates Article 9 of the Constitution,guaranteeing the right to life. he emphasized the widespread impact of load shedding on households, education, businesses, healthcare, and public safety.
The counsel presented precedents from both the Supreme Court and High courts, including the cases of Engineer Iqbal Zafar Jhagra vs federation of Pakistan and Haji mohammad Latif vs GEPCO, which previously recognized electricity as integral to the right to life and declared its denial a violation of fundamental rights in the modern era.
While representatives of the Federation, including Assistant Attorney General Barrister Zain Mansoor and provincial law officers, argued the petition was premature due to the matter being already addressed by relevant authorities, Justice Jawad Hassan underscored the significant impact of load shedding on citizens’ quality of life. the judge noted the disruption to daily routines, business operations, and the particular vulnerability of essential services like hospitals during prolonged outages. He also highlighted the financial burden placed on residents who are forced to rely on costly alternatives like generators and UPS systems.
Justice Hassan referenced several judgments affirming electricity’s importance to fundamental rights, including Naimatullah Khan Advocate vs Federation of Pakistan (2020 SCMR 622), where the Supreme Court clarified that the right to life encompasses access to essential services like electricity, water, and healthcare. He also cited remarks from Justice Umar Ata Bandial (now Chief Justice of Pakistan) in Judicial Activism Panel vs Government of Pakistan, emphasizing the need for both long-term generation solutions and fair, efficient short-term rationing measures.
The court has ordered the petition to be treated as a formal representation, with copies forwarded to the Ministry of Energy. The Ministry is required to provide a fair hearing to all stakeholders,including the housing society,and issue a reasoned,written decision within four weeks. The order explicitly states that the State is constitutionally obligated to provide basic necessities, including electricity, to its citizens under Article 38(d) of the Constitution.
This report was published in Dawn on September 14th, 2025.
