Pakistan Telecommunication Authority v. CM Pak Limited

The Supreme Court of Pakistan upheld the Ministry of Information and Technology’s Policy Directive concerning the suspension of mobile operator licenses as constitutional. The Supreme Court set aside the High Court of Islamabad’s decision which held the Pakistan Telecommunication Authority’s (PTA) direction to mobile cellular operators to suspend their operations and Policy Directive are inconsistent with the Telecommunications Act and declared them as illegal, ultra vires. The case arose after CM Pak Limited, a licensed service provider of mobile services filed a petition challenging the powers of the Pakistan Telecommunication Authority to suspend services based on mere apprehensions of a violation of the Constitution and a breach of its obligations to the customer. The High Court held that Pakistan Telecommunication Authority doesn’t have the power to suspend the services, because such power is only vested with Federal Government. The Supreme Court rejected the High Court’s reasoning and observed that the High Court failed to examine the policy taking into consideration the statutory powers conferred to the Pakistan Telecommunication Authority. The Supreme Court observed that there was a legitimate need to suspend cellular services, and the same was taken as protective measures at the request of law enforcement authorities to protect national security. The Court upheld the constitutionality of the Policy Directive and the powers of the PTA and disposed of the appeal.

CYRILLA: Global Digital Rights Law

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