9
FAO No. 42 of 2016.
under the Act of 1996 or to 'cause suspension of operations',
functions or services of any licensee for such time as it may
deem necessary. However, the power vested under section
54(3) has been expressly confined to the eventuality or
happening
of
the
'proclamation
of
emergency
by
the
President'. The proviso to sub section (3) of section 54
provides that the Federal Government may compensate any
licensee whose facility and services have been affected on
account of invoking the powers described ibid. The power to
suspend or 'cause suspension of operation, functions or
services of any licensee' is exclusively provided under section
54(3) of the Act of 1996. It is relevant to note that the Act of
1996, by no stretch of the imagination, independently vests
power in the President to 'proclaim an emergency'. The power
and jurisdiction vested in the President relating to the
'Proclamation of Emergency' is provided under Part X of the
Constitution i.e. from Articles 232 to 237.
10.
A plain reading of the Act of 1996 as a whole and the
above highlighted provisions unambiguously shows that the
said statute is a comprehensive special law covering, inter
alia,
all
matters
relating
to
the
regulation
of
telecommunication industry and services. The rights of a
licensee as well as a customer of telecommunication services,
such as mobile service operations, are determinable and
exclusively regulated under the Act of 1996. The power to
suspend or cause suspension of operations, functions or