12
FAO No. 42 of 2016.
other provision which would vest the Authority with power
and jurisdiction to suspend the services or operations of a
licensed telecommunication service provider, thus depriving
the customers or users from availing the facilities. The
Federal Government is not empowered to issue any policy
directive under section 8 of the Act of 1996 which is
inconsistent with section 54(3) ibid. To the extent of
inconsistency the policy directive will be ultra vires and void.
The Policy Directive dated 26-12-2009, to the extent of its
inconsistency with section 54(3), is without lawful authority
and jurisdiction and, therefore, void. There is no force in the
argument raised by the learned counsel for the respondent
Authority that sub section (2) of section 54 of the Act of 1996
vests power in the latter to cause suspension of the mobile
cellular service. The said provision can only be invoked in the
eventualities described therein i.e. (i) war or (ii) hostilities
against Pakistan by any foreign power or (iii) internal
aggression
or
(iv)
defense
or
security
of
Pakistan.
Apprehensions relating to public safety, law and order or the
happening of an untoward incident can by no stretch of the
imagination attract section 54(2). Moreover, this provision
merely envisages that, in the specific eventualities, the
Federal Government shall have preference and priority in
telecommunication systems over the licensee. The expression
'telecommunication system' has been defined in section 2(u).
The preference or priority over the licensee is confined to the
mediums described in the definition of the said expression