Civil Appeal Nos.977 & 978 of 2018 and C.M.A. No.3658/2019 in C.A. No.978/2018 5 (2) During a war or hostilities against Pakistan by foreign power of internal aggression or for the defence or security of Pakistan, the Federal Government shall have preference and priority in telecommunication systems over any licensee. (3) Upon proclamation of emergency by the President, the Federal Government may suspend or modify all or any order or licences made or issued under this Act or cause suspension of operation, functions or services of any licensee for such time as it may deem necessary; Provided that the Federal Government may compensate any licensee whose facilities or services are affected by any action under this subsection.” Having carefully perused the foregoing provisions of the Act, we are of the view that both sections cater to different circumstances. Section 54(3) confers powers on the Federal Government to modify or suspend all or any orders or licences in a situation where an Emergency is imposed by the President under Article 232 of the Constitution. On the other hand, Section 8(2)(c) empowers PTA to take steps pertaining to matters of national security, diplomatic protocols and State functions. The purpose of the two sections is distinct. Section 54(3) is reactive and defensive in nature, coming into the field when on account of grave circumstances in the country or its provinces a Proclamation of Emergency is issued by the President potentially involving suspension of Fundamental Rights and the Provincial Government(s). Conversely, Section 8(2)(c) contemplates pre-emptive action as it allows for the disruption of services before any perceived threat in a specified area materialises. Further, under Section 54(3) cellular services may according to the terms of the Emergency be disrupted for a lengthy period of time over an extensive area. In contrast, disruption of services under Section 8(2)(c) is likely to be event specific and localised, in effect applying only for a temporary

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