Pleas against privatisation of KE dismissed.

KARACHI -- The Sindh High Court (SHC) on Thursday dismissed a set of petitions challenging privatisation of K-Electric (KE) and transfer of the company's shares and administrative control to a Dubai-based Abraaj Capital.

The power utility's labour union had filed five identical petitions between 2005 to 2015 challenging the company's privatisation.

The labour union contended that the privatisation process for the then Karachi Electric Supply Corporation (KESC) was made in violation of Article 154 of the Constitution as neither prior approval of the Council of Common Interests was sought nor was the process supervised or controlled.

The two-judge bench - comprising Justice Aqeel Ahmed Abbasi and Justice Rashida Asad - pronounced the judgement which was reserved on Aug 17, 2020 after lengthy proceedings and arguments from the counsel for the parties in the matter.

'The privatisation process adopted by the respondents in respect of sale/transfer of the share of the KESC does not violate the Constitutional mandate, whereas, substantial compliance of provisions Privatisation Commission Ordinance, 2000 read with the Privatisation Commission (Modes and Procedures) Rules, 2001 had also been made, therefore, no interference is required by this court,' the bench ruled.

'Accordingly, aforesaid Constitutional Petitions being devoid of any merit, are hereby dismissed along with listed applications,' it added.

The judges further wrote in the judgment that 'without prejudice to above finding, we hereby declared that the petitioners have failed to establish the mala fide on the part of the respondents in respect of sale/transfer of the share to the KESC through negotiated sale to a private company, which is otherwise permissible in law and as per rules referred to hereinabove, therefore, the...