HC rules power theft a cogniable offence

Allahabad, Sep 15 (UNI) Allahabad High Court today ruled that the theft of electricity is a social crime and therefore be treated as congniable offence.

People involved in power theft do not necessarily mean illegal user alone, but people abetting the theft either within or outside the department, a division bench comprising Justices Amitava Lala and Shiv Shankar remarked.

The bench passed the order on a bunch of writ petitions wherein apart from seeking stay on their arrest, the petitioners had challenged the vires of rule 12 of the Electricity Rules 2005.

FIRs for power theft were lodged in different districts of Uttar Pradesh against all the petitioners.

The court observed 'electricity' being item no 38 of concurrent list III of the 7th schedule of the Indian constitution, both centre and UP had every right to form special task force to entrust the duty at an appropriate circumstance, especially in case of doubt about failure or connivance of police with the miscreants.

The judges ruled that a necessary application can be made by the appropriate authority and/or by the police to a competent court to obtain leave and/or permission for necessary invesgitation of individual cases.

After obtaining permission, there will be no bar for them to investigate or arrest offenders. The judges, therefore, stayed the petitioners' arrest for a month or till order of any competent court to investigate the matter.

Meanwhile, the court kept in abeyance, section 151 of the Electricity Act 2003 and rule 12 of Electricity Rules 2005.

The same shall be made applicable when amendment of Electricity Act 2003 actually takes effect.

UNI XC VS RL DB1906