Lahore: Lahore High Court (LHC) has rejected the petitions against capacity charges and tariff in electricity bills declaring them non-maintainable. Justice Ahmad Nadeem Arshid of LHC issued 6-page decision on the petition of Ashba Kamran.

It was maintained in the decision that policy making in energy sector is mandate of parliament and government and not of judiciary. According to decision court cannot act as an appellate forum for economic, financial or regulatory policies . There is no justification in filing constitutional petition on mere disagreement with some policy nor can the court play the role of regulator, auditor or expert in economy.

Matters related to capacity charges and tariff fall in the ambit of policy making institutions. The petitioner failed in proving violation of any basic right nor can the court play the role of

It was said in the decision the court’s interference in regard to constitutional rights can be made in case of illegal or unconstitutional steps. Under distribution of powers courts must exercise restraint in administrative and governmental affairs.

LHC also maintained ordering Independent Power Producers (IPPs) to return the payments does not fall in the jurisdiction powers of courts.. Policy formulation cannot be directed by courts in the name of public interest .

The petitioner had challenged recovery of capacity charges and tariff in electricity bills.

The petitioner had requested the court for taking a complete review of regulatory system of electricity department afresh.

The court rejected the petition declaring it non maintainable.