13
FAO No. 42 of 2016.
and it does not vest the power in the Federal Government to
directly or indirectly suspend or cause suspension of the
services and operations of a licensed telecommunication
service provider. Last but not the least, if the above argument
is accepted then section 54(3) would be rendered redundant.
The harmonious interpretation would be that the power to
suspend or cause suspension of the services, operations or
functions of a licensed telecommunication provider in the
context of 'National Security' is exclusively provided under
sub section 3 of section 54 of the Act of 1996 and that it can
only be invoked if there is a Proclamation of Emergency by
the President of Pakistan pursuant to powers vested under
Part X of the Constitution i.e. Articles 232 to 237 ibid. Causing
the
suspension
otherwise
may
expose
the
Federal
Government or the Authority to claims of compensation or
damages by the licensees or the users of the mobile cellular
services.
13.
In the instant case, the appellant Company has
impugned the orders/directives of the Authority regarding the
blocking or suspension of mobile cellular services on the basis
of mere apprehensions relating to avoiding an untoward
incident. Such orders/directives were definitely in violation of
the express provisions of the Act of 1996, particularly section
54(3) ibid.