E-Kantipur

JAN 04 - In what could bring some relief to the consumers facing chronic fuel crisis, the Supreme Court has directed the government to stop the suppliers of petroleum products from staging any protest that could disrupt the supply and distribution of essential fuel. The court also said Nepal Petroleum Dealers Association's announcement on December 22 to close all its petrol pumps demanding more commission is illegal.

The court ruled that the law has prohibited all kinds of strikes in the area of essential services, including in the supply and distribution of petroleum products. The court drew upon the Essential Services Act that has placed petroleum products' distribution, storage and transportation under essential services.

The interim order issued by a single bench of Justice Kalyan Shrestha also states that resorting to shutdown, lockout or similar forms of protests in the area of essential services would be in breach of the Consumer Protection Act, 1998.

It is the government's responsibility, the court said, to enforce the laws and ensure unhindered supply, sale and distribution of petroleum products.

The order also calls on the government-controlled and public sector-run petrol pumps such as those of Sajha and Salt Trading Corporation to ensure that they keep their pumps open during crisis.

Any violation of the court order and the laws should face immediate action, the court said.

The court order was in response to a writ petition filed on Sunday by advocates Achut Raj Budhatoki, Gaj Bahadur Airi and Jagannath Mishra of Consumer Rights Protection Forum. The writ sought a stay order against the move of the Petroleum Dealers Association, Association of LP Gas, and Federation of Gas Dealers to call a shutdown and lockout issuing a press release on December 22. They have been shutting down their pumps for an hour everyday since January 1, and have warned of fully shutting down their pumps until the government provides them with more commission, among other things.

The petition had also demanded that the report of high-level commission on improvement in the Nepal Oil Corporation be implemented to allow a smooth supply of petroleum products.

The writ had also called for scrapping of licenses of those dealers or petrol pumps that act against the interest of the consumers. The petitioner had also called for making available Rs 2.5 billion as decided by the government.

The writ had called for ensuring the interest of the country when the Nepal Oil Corporation (NOC) enters into agreement with its Indian counterpart by March 2012. The defendants include Office of the Prime Minister, Ministry of Home Affairs, Ministry of Commerce and Supplies, Ministry of Finance, Board of Directors NOC, NOC and the supplier's associations.

Posted on: 2012-01-04 02:00

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