5
FAO No. 42 of 2016.
vested with the jurisdiction to issue policy directives under
section 8(2)(c) read with section 54 (2) of the Act of 1996;
the Federal Government has issued the policy directive, dated
26-12-2009
Directive”)
(hereinafter
regarding
the
referred
closure
to
as
the
“Policy
of
telecommunication
services due to national concerns; pursuant to the said Policy
Directive the Authority is under an obligation to issue
orders/directions
to
the
licensees
for
closing
down
telecommunication services on the requests received from the
law enforcing agencies; under section 54 (2) the Federal
Government has preference and priority in relation to the
telecommunication system; it is within the exclusive domain
of the Federal Government to decide matters relating to the
defence or security of Pakistan; the Policy Directive is binding
upon the Authority under section 8(1) of the Act of 1996;
pursuant to the Policy Directive the Authority has issued a
Standing Operating Procedure, dated 15-02-2010 (hereinafter
referred to as the “SOP”); the judgment of the august
Supreme Court in the case of “Mustafa Impex, Karachi and
others “ supra is not attracted since the expression 'Federal
Government' has been expressly defined in the Act of 1996.
6.
The learned Assistant Attorney General has also
been heard at length. It is the
case of the Federal
Government that it was empowered under section 8 of the
Act of 1996 to issue the Policy Directive and that the
Authority is under an obligation to comply therewith.