Cases filed by ex-PUCSL chairman put off due to inadequate time

By Farook Thajudeen

The Supreme Court put off for June 12th and July 11 the hearing of the Fundamental Rights (FR) petitions filed by a group of persons including the former Chairman of the Public Utilities Commission (PUCSL), Janaka Ratnayake in his personal capacity despite being PUCSL Chairman, Asoka Abeygunawardhana and Electricity and Renewable Energy Consumers Association had Ven. Matara Ananda Sagara Thero and 10 others challenging the electricity tariff hike of February.

The case was taken up for hearing before a three-judge bench of the Supreme Court comprising Justices Preethi Padman Surasena, Janak de Silva and Mahinda Samayawardena, but further inquiry was put off for June 12 and July 11 due to inadequate time to hear all the 10 petitions filed by the petitioners.

Janaka Ratnayake filed his petition in his capacity as an electricity consumer and in the public interest, of those falling within the lowest bracket units of electricity consumers who are hardest hit by the tariff hike.

The petitioners are challenging the process by which the PUCSL approved the tariff hike proposed by the Ceylon Electricity Board (CEB).

They contended that the process applied in fixing the tariff rates are contrary to established legal procedures.

All the applications challenge the inconsistent and discriminatory increase in tariffs at the lower slabs, while there is no increase of tariff in the higher levels of consumers.

Janaka Ratnayake additionally opposed the decision by three PUCSL members to approve the tariff revision sought by the CEB which had been reached by violating the procedures provided in the PUCSL Act.

Petitioner Abeygunawardhana has underscored the fact that the process which the members of the PUCSL have taken on the electricity tariff hike is ultra vires, unreasonable, irrational, arbitrary, evidently biased and/or in violation of legitimate expectations of his rights and other electricity consumers.

Secondly, he has claimed that the tariff hike at lower slabs are as high as 275% for the 0-30 slab, 270% for the 31-60 slab; 162.5% for the 61-90 slab and that irreparable damage would be suffered particularly by the lower income-earning segments of society unable to use electricity at all, if this decision of tariff revision is implemented.

It is further claimed that the PUCSL is duty-bound to ensure that the interests of all electricity users are met when approving the triff revision.

President's Counsel S.A. Parathalingam with Nishkan Parathalingam and Ms. Olivia Thomas appeared for the PUCSL, Suren Fernando PC appeared for the CEB while Dr. Romesh De Silva with Ruwantha Cooray appeared for the others.