Civil Appeal Nos.977 & 978 of 2018 and C.M.A. No.3658/2019 in C.A. No.978/2018
4
Act. However, it appears that at the hearing the respondent
licensee’s challenge shifted to the policy directive. There is nothing
on record to indicate that the respondent licensee expressed its
grievance before the Federal Government or its concerned
agencies about the said directive dated 26.12.2009 in the seven
years that elapsed before the filing of its appeal. Be that as it may,
the impugned judgment considered the provisions of the Act and
concluded that Section 54(3) of the Act which authorises the
suspension of services of telecom licensees is not attracted to the
facts of the case. That the policy directive issued under Section
8(2)(c) of the Act is controlled by Section 54(3) ibid and therefore,
the policy directive dated 26.12.2009 issued under the Act by the
Government is ultra vires.
5.
It would be useful at this stage to reproduce the
relevant provisions of the Act:
“8. Power of the Federal Government to issue
policy directives.- (1)…
(2) The matters on which the Federal Government
may issue policy directives shall be—
(a)…
(aa)…
(b)…
(c) requirements of national security and of
relationships between Pakistan and the
Government of any other country or
territory outside Pakistan and other States
or territories outside Pakistan.”
(2A)…
(3)…
“54. National Security.-- (1) Notwithstanding
anything contained in any law for the time being
in force, in the interest of national security or in
the apprehension of any offence, the Federal
Government may authorise any person or persons
to intercept calls and messages or to trace calls
through any telecommunication system.