The Supreme Court of Pakistan has referred petitions filed by the Auditor General of Pakistan, Islamabad, Moeed Ali and others regarding the special audit of Independent Power Producers (IPPs) to constitutional bench for hearing. The court stated that the constitutional bench should schedule the petitions for hearing soon.
A three-member regular bench headed by Justice Muhammad Ali Mazhar and comprising Justice Musarrat Hilali and Justice Irfan Saadat Khan heard two petitions filed by the Auditor General of Pakistan, Moeed Ali, and others, challenging a decision by former Islamabad High Court Chief Justice Aamer Farooq concerning the special audit of IPPs. The Chairman of the National Electric Power Regulatory Authority (NEPRA), Islamabad, and others have been made respondents in the petitions.
Afnan Karim Kundi and Naeem Bukhari appeared as counsels for the petitioners, while Sikandar Bashir Mohmand represented the respondents. At the outset of the hearing, NEPRA’s lawyer Sikandar Bashir Mohmand came to the rostrum and argued that the case involves a constitutional question and therefore cannot be heard by a regular bench. He requested that it be sent to the Supreme Court’s constitutional bench under Article 191-A of the Constitution.
Justice Muhammad Ali Mazhar responded to Sikandar Bashir Mohmand, saying, “We are referring it-why are you worried? If not this bench, then the other one will hear the case.”
Lawyer Naeem Bukhari stated that no audit of the IPPs had been conducted since 2022.
Justice Irfan Saadat Khan, pointing to the two judges beside him, remarked, “These two can hear the case; I cannot.” Justice Muhammad Ali Mazhar then said, “We two also cannot hear it-this matter will be heard by a five-member bench.” Justice Musarrat Hilali added that the case would be heard after the Supreme Court’s summer vacations.
Justice Muhammad Ali Mazhar further stated, “I am a member of the committee that forms constitutional benches, but I am not issuing any order.”
Naeem Bukhari emphasized, “This is a matter involving 2.5 trillion dollars.”
Justice Muhammad Ali Mazhar formally referred the case to the constitutional bench under Article 191-A of the Constitution. The petitioners requested that the hearing be scheduled as soon as possible, to which Justice Muhammad Ali Mazhar responded that the case should indeed be scheduled promptly.