Recently, an alarming change has been observed in the way electricity theft cases are being handled. Earlier, the legal process regarding bail and discharge in such cases was different and relatively straightforward. However, recent changes in procedure have created serious difficulties for ordinary citizens.
How These Cases Are Now Being Registered
In many situations, when an incident related to electricity theft is reported, the police first check whether the matter actually occurred. However, once the matter is converted into a formal FIR, the situation changes completely.
Many people are not even aware that an FIR has been registered against them. Suddenly, one evening, the police may arrive, arrest the individual, and take them into custody. At that moment, the person may not even know the basis of the case filed against them.
In some cases, people later discover that a few days earlier, officials from the electricity department had visited them and demanded a bribe. When the bribe was refused, the matter was converted into an electricity theft case.
Whether the accused actually committed theft or not becomes a secondary issue because the legal process begins immediately.
What Happens After the Arrest?
After the arrest, the accused is presented before a magistrate. Unfortunately, under the current approach, magistrates often refuse to grant discharge or bail at this stage. Instead, they send the accused to judicial custody, which means the person is transferred to jail.
Once the accused is sent to jail, the next step is to approach the Sessions Court for bail. However, even at this stage, the process has become extremely difficult.
A Real Case Example
Recently, a case under Section 462 came before us. The accused was presented for remand at around 12:00 PM on Friday.
We informed the magistrate that:
- The electricity meter was not registered in the accused person’s name
- The property was not owned by the accused
- The accused did not even reside at that location
Based on these facts, we requested the magistrate to discharge the accused from the case.
However, the magistrate responded that the court did not have the authority and ordered judicial remand, sending the accused to jail.
The Race Against Time
The court was scheduled to close at 12:30 PM, and it was already 12:15 PM when the judicial order was passed.
Within just 15 minutes, we:
- Obtained certified copies of the documents
- Prepared a post-arrest bail application
- Filed the bail petition in the Sessions Court
Despite completing all these formalities quickly, the matter could not be heard the same day.
As a result, the accused had to spend Friday night in custody, remain in jail throughout Saturday and Sunday, and only on Monday could the bail application be properly heard.
This means a person who may not have committed any wrongdoing still spends several days in jail due to procedural delays.
New Bail Conditions Creating Further Problems
Another troubling development is the introduction of strict bail conditions in electricity theft cases.
Under the new rules:
- After an FIR for electricity theft is registered, the electricity department (WAPDA) issues a manual adjustment bill.
- Unless the accused pays the adjustment bill, bail may not be granted.
For example, if someone has been regularly paying their electricity bills but suddenly receives an adjustment bill of 100,000 PKR, they must deposit that amount first. Without paying it, the Sessions Court may refuse to grant bail.
This condition places enormous financial pressure on individuals even before their guilt is proven.
A Violation of Constitutional Principles
These new rules raise serious legal concerns. They appear to conflict with the principle of separation of powers, as well as fundamental constitutional rights.
The judiciary should remain independent, and bail decisions should not depend on whether someone has paid an administrative bill issued by a department.
Challenging These Rules in the High Court
Because of these concerns, we intend to challenge these rules in the High Court through a constitutional petition.
At the very least, such conditions should not apply at the bail stage, especially when the accused person’s guilt has not yet been proven.
Final Thoughts
The current situation creates unnecessary hardship for ordinary citizens. A person can be arrested, sent to jail, and forced to pay large adjustment bills even before the case is properly examined in court.
Legal reforms should ensure that justice is fair, transparent, and accessible to everyone.
If you have any legal questions regarding electricity theft cases or bail procedures, you can share them in the comments section, and we will try to guide you accordingly.