Civil Appeal Nos.977 & 978 of 2018 and C.M.A. No.3658/2019 in C.A. No.978/2018
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(2) During a war or hostilities against Pakistan by
foreign power of internal aggression or for the
defence or security of Pakistan, the Federal
Government shall have preference and priority in
telecommunication systems over any licensee.
(3) Upon proclamation of emergency by the
President, the Federal Government may suspend
or modify all or any order or licences made or
issued under this Act or cause suspension of
operation, functions or services of any licensee for
such time as it may deem necessary;
Provided that the Federal Government may
compensate any licensee whose facilities or
services are affected by any action under this subsection.”
Having carefully perused the foregoing provisions of the Act, we
are of the view that both sections cater to different circumstances.
Section 54(3) confers powers on the Federal Government to modify
or suspend all or any orders or licences in a situation where an
Emergency is imposed by the President under Article 232 of the
Constitution. On the other hand, Section 8(2)(c) empowers PTA to
take steps pertaining to matters of national security, diplomatic
protocols and State functions. The purpose of the two sections is
distinct. Section 54(3) is reactive and defensive in nature, coming
into the field when on account of grave circumstances in the
country or its provinces a Proclamation of Emergency is issued by
the President potentially involving suspension of Fundamental
Rights and the Provincial Government(s). Conversely, Section
8(2)(c) contemplates pre-emptive action as it allows for the
disruption of services before any perceived threat in a specified
area materialises. Further, under Section 54(3) cellular services
may according to the terms of the Emergency be disrupted for a
lengthy period of time over an extensive area. In contrast,
disruption of services under Section 8(2)(c) is likely to be event
specific and localised, in effect applying only for a temporary