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.

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