AIPEF had circulated the draft amendments dated 17 April 2020 proposing the amendments to Electricity Act 2003. Engineers across the country have expressed that the present time limit of 05 June is far too short/inadequate and that AIPEF should request Ministry of Power to extend date to 30 Sept or till normal conditions are restored. Engineers require extra period to examine the proposals in detail so that their comments duly address various aspects of the amendments. Since the proposals involve the amendments to Statute it is of utmost importance that GOI must be given detailed and in depth feedback . Since power engineers are dealing with various aspects of power sector we are required to give our feedback/comments to the best of our capability.

     2.  As already represented, in the prevailing conditions of lock down due to corona virus  we are seriously handicapped and unable to obtain the necessary inputs for giving feedback/comments to the ministry. Under prevailing lock down conditions the engineers necessarily have to give priority to ensure that power supply is maintained, as an essential service. This is a priority that over rides all other priorities. It was earlier assumed that the then prevailing lock down would be lifted/relaxed which would give some opportunity to compile our response to MoP draft amendments. There are two factors  which we seek to bring to your notice:

3.    First factor is a report by the Director, AIIMS Delhi estimating that the corona virus problem would keep increasing and peak sometime in June/July 2020. Copy of report in The Tribune of 08 May is attached. The statement of AIIMS Director Randeep Guleria is quoted

The disease will peak at some point but we can’t say what its size would be.Based on projections by experts the peak is likely sometime between June and July, but this can change depending on our response over the next few weeks.

4.   The second factor is a recent judgment of the Supreme Court of India on a Contempt of Court proceedings against three advocates of Mumbai , Suo Moto Contempt petition No 2 of 2019 , decided on 04 May 2020. The Apex Court held the three Advocates guilty and sentenced them to three months simple imprisonment, but also deferred the start period of imprisonment by 16 weeks due to the corona virus. The extract of judgment is quoted

Sentence

Thereafter the contemnors through their counsel were asked to

argue on sentence. All of them were not willing to argue on

sentence on the ground that according to them our judgment was per

incuriam and they had a right to challenge the same.

There is not an iota of remorse or any semblance of apology on

behalf of the contemnors. Since they have not argued on sentence,

we have to decide the sentence without assistance of the

contemnors. In view of the scurrilous and scandalous allegations

levelled against the judges of this Court and no remorse being

shown by any of the contemnors we are of the considered view that

they cannot be let off leniently. We have also held in our

judgment that the complaints were sent by the contemnors with a

view to intimidate the Judges who were yet to hear Shri Nedumpara

on the question of punishment, so that no action against Shri

Nedumpara is taken. Therefore, it is obvious that this is a

concerted effort to virtually hold the Judiciary to ransom.

We, therefore, sentence all the three contemnors namely Vijay

Kurle, Nilesh Ojha and Rashid Khan Pathan, to undergo simple

imprisonment for a period of 3 months each with a fine of Rs.

2000/-. In default of payment of fine, each of the defaulting

contemnors shall undergo further simple imprisonment for a period

of 15 days.

Keeping in view the COVID-19 pandemic and the lockdown

conditions we direct that this sentence shall come into force after

16 weeks from today when the contemnors should surrender before the

Secretary General of this Court to undergo the imprisonment.

Otherwise, warrants for their arrest shall be issued.

 

4.1 Copy of the judgment dated 04 May 2020 is attached.

4.2 The Supreme Court has therefore taken due cognizance of COVID-19 pandemic and lock down conditions by deferring  the start of sentence  to the extent of 16 weeks .

5.   AIPEF therefore, on basis of above quoted factors and circumstances  again requests that the period for submission of comments to draft Amendments to Electricity Act 2003  may be extended to 30 Sept 2020  or when conditions are normal. Further, that the Ministry of Power should put on hold the draft amendments and there should be no attempt to rush through with the proposed amendments.

With regards.

 

Shailendra Dubey

Chairman