Civil Appeal Nos.977 & 978 of 2018 and C.M.A. No.3658/2019 in C.A. No.978/2018
8
there was a legitimate need to suspend cellular services. These
protective measures are taken on the request of law enforcement
authorities in view of past experience of terrorist activities at
similar events. If such events caused the issuance of the
impugned directions then the same would be in the public
interest, reasonable, fair, consistent with the object of the law and
therefore valid. Accordingly, the exercise of power by PTA under
the policy directive dated 26.12.2009 ought to be evaluated in the
light of the threat that is anticipated.
8.
To our minds, the power of PTA under the policy
directive dated 26.12.2009 does not conflict with Section 54(3) of
the Act which operates in a different field. In fact, it is regulated
by Section 8(2)(c) of the Act read with Section 24-A(1) of the 1897
Act and the law laid down by this Court controlling the exercise of
delegated authority. Apart from the aforesaid parameters, it is not
within the province of a Superior Court to strike down or interfere
with decisions taken by Federal Government bodies pursuant to
the policy directive dated 26.12.2009.
9.
Accordingly,
for
the
reason
that
the
impugned
judgment has failed to examine the impugned suspensory
directions dated 28.03.2016 in the context of the power conferred
on PTA, we consider that the impugned judgment has arrived at a
hasty and incorrect conclusion. The learned High Court has
construed Section 8(2)(c) to be subservient to Section 54(3) of the
Act. In reaching this decision, the learned High Court has misread
the Act, specifically the provisions of Section 54, all of which serve
an express purpose/function. Whilst these purposes/functions
may incidentally be effectuated by the exercise of power under
Section 8(2)(c) of the Act but this does not lead to the conclusion