Civil Appeal Nos.977 & 978 of 2018 and C.M.A. No.3658/2019 in C.A. No.978/2018
6
period of time across a limited area. Clearly then, both sections
operate in separate spheres and situations with no conflict
between them nor any primacy being given to one over the other.
6.
As far as the policy directive dated 26.12.2009 is
concerned, it has been issued by the Federal Government in
exercise
of
its
power
under
Section
8(2)(c)
of
the
Act.
Consequently, the said directive is a piece of delegated legislation.
The purpose of such an executive instrument has been set out by
this Court in Muhammad Amin Muhammad Bashir Limited Vs.
Government of Pakistan (2015 SCMR 630) at para-7:
Para 7:… “[delegated legislation is] intended to
enforce the law, not override it. [It] can fill in
details but not vary the underlying statutory
principles.”
The policy directive dated 26.12.2009 sets out the purpose,
causes and parameters of suspensory action by PTA. It gives law
enforcement authorities the power to forward written requests to
PTA specifying the cellular services to be closed, the time and
duration of closure and the specific area where such closure is to
be implemented in case of significant threat of “hostilities against
Pakistan
by
a
foreign
power”
or
“internal
aggression
by
terrorists/groups.” It is obvious that these events are significant
for public safety and national security. However, their limited and
transient
Emergency
occurrence
under
cannot
the
justify
Constitution
the
imposition
which
can
of
an
continue
uninterrupted for 60 days without sanction of the two Houses
[Article 232(7) of the Constitution]. Therefore, there is nothing in
the policy directive dated 26.12.2009 which contravenes any
substantive provision of Section 54 of the Act. Instead, it
complements and strengthens the purpose of the Act by attending