FAO No. 42 of 2016.
when
the cellular services are suspended.
appellant
Company
Suspension
of
the
of mobile
Pakistan
referred
and
the
petitioners
cellular services
have
challenged
pursuant
Telecommunication
to as the “Authority").
In a nut shell, the
to the orders
Authority
The
appellant
(hereinafter
Company
assailed the orders/directions of the Authority whereby
directed
to
suspend
its
cellular
mobile
the
voice
has
it was
and
data
services.
3.
to
The
powers
facts,
in
conferred
brief,
are
that
the
under
the
Pakistan
Authority,
pursuant
Telecommunication
(Reorganization) Act 1996 (hereinafter referred to as the “Act
of 1996")
other
has granted licenses to the appellant Company and
such
services
service
the
providers.
licensed
For the
service
providers
‘radio frequency spectrum’ which
competitive
Company
bidding
process.
purposes
inevitably
require
is acquired through
an open
It is the
that, as a licensee,
of rendering
case
of the
it is compelled
appellant
by the Authority
from time to time to suspend
its services on the basis of mere
apprehensions
the
fundamental
which
on
rights guaranteed
the other causes
a breach
hand _
infringes
the
under the Constitution and on
of its obligations to the customers
i.e. to provide
uninterrupted
Likewise,
petitioners
the
one _
cellular voice and
who
use
such
data
services
services.
assert
violation of their rights due to the suspension of the services.
a