Civil Appeal Nos.977 & 978 of 2018 and C.M.A. No.3658/2019 in C.A. No.978/2018 4 Act. However, it appears that at the hearing the respondent licensee’s challenge shifted to the policy directive. There is nothing on record to indicate that the respondent licensee expressed its grievance before the Federal Government or its concerned agencies about the said directive dated 26.12.2009 in the seven years that elapsed before the filing of its appeal. Be that as it may, the impugned judgment considered the provisions of the Act and concluded that Section 54(3) of the Act which authorises the suspension of services of telecom licensees is not attracted to the facts of the case. That the policy directive issued under Section 8(2)(c) of the Act is controlled by Section 54(3) ibid and therefore, the policy directive dated 26.12.2009 issued under the Act by the Government is ultra vires. 5. It would be useful at this stage to reproduce the relevant provisions of the Act: “8. Power of the Federal Government to issue policy directives.- (1)… (2) The matters on which the Federal Government may issue policy directives shall be— (a)… (aa)… (b)… (c) 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.” (2A)… (3)… “54. National Security.-- (1) Notwithstanding anything contained in any law for the time being in force, in the interest of national security or in the apprehension of any offence, the Federal Government may authorise any person or persons to intercept calls and messages or to trace calls through any telecommunication system.

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