4
FAO No. 42 of 2016.
directions issued by the Authority are not supported by any
law, rules or regulations; there is no provision under the Act
of 1996 to empower the Federal Government or the Authority
to direct the blocking of cellular mobile operations on the
basis of mere apprehension e.g. to avoid any untoward
incident; the expression ‘security of Pakistan’ defined under
Article 260 of the Constitution has explicitly excluded public
safety; suspension of services can only be ordered or directed
under section 54(3) of the Act of 1996; reliance has been
placed on the cases of “Khushi Muhammad through L.Rs. and
others v. Mst. Fazal Bibi and others“ [PLD 2016 S.C. 872],
“Shahida Bibi and others v. Habib Bank Limited and others“
[PLD 2016 S.C. 995], “Muhammad Akram v. Mst. Zainab Bibi“
[2007 SCMR 1086]; The policy of the Federal Government
has to meet the law laid down by the august Supreme Court
in the case titled “Mustafa Impex, Karachi and others v. The
Government
of
Pakistan
through
Secretary
Finance,
Islamabad and others“[PLD 2016 S.C. 808]; the suspension
of mobile phone services by the Authority is ultra vires of
section 54; the fundamental rights guaranteed under Articles
10-A, 9, 15, 16, 17, 18, 19 and 19-A are violated when
mobile phone users are deprived from availing the services;
access
to
telecommunication
services
has
become
a
fundamental right.
5.
The learned counsel who has appeared on behalf of
the Authority has argued that; the Federal Government is