8
FAO No. 42 of 2016.
which the Federal Government is vested with discretion to
issue policy directives have been enumerated under clauses
(a) to (c) sub section 2 of section 8. Section 8(2)(c)
empowers the Federal Government to issue policy directives
regarding
requirements
of
national
security
and
of
relationships between Pakistan and the Government of any
other country or territory outside Pakistan and other States or
territories outside Pakistan. It may be noted that sub section
(2) has to be read with sub section (1). Thus the power of the
Federal Government to issue policy directives regarding
matters
described
in
sub
section
(2)
of
section
8
is
circumscribed by the use of the expression 'not inconsistent
with the provisions' of the Act of 1996. Section 20 provides
for powers vested in the Authority to grant licenses. Section
54 is titled as ‘National Security’. The said provision is divided
into 3 sub sections. Sub section (1) empowers the Federal
Government to authorize any person or persons to intercept
calls
and
messages
or
to
trace
calls
through
any
telecommunication system in the context of national security
or if there is an apprehension of the commission of any
offence. Sub section (2) of section 54 provides that during
war or hostilities against Pakistan by a foreign power or
internal aggression or for the defence or security of Pakistan,
the Federal Government shall have preference and priority in
telecommunication systems over any licensee. Sub section
(3) of section 54 explicitly empowers the Federal Government
to suspend or modify an order or license made or issued