2
FAO No. 42 of 2016.
when the cellular services are suspended. In a nut shell, the
appellant Company and the petitioners have challenged the
suspension of mobile cellular services pursuant to the orders
of the Pakistan Telecommunication Authority (hereinafter
referred to as the “Authority”). The appellant Company has
assailed the orders/directions of the Authority whereby it was
directed to suspend its cellular mobile voice and data
services.
3.
The facts, in brief, are that the Authority, pursuant
to powers conferred under the Pakistan Telecommunication
(Reorganization) Act 1996 (hereinafter referred to as the “Act
of 1996”) has granted licenses to the appellant Company and
other such service providers. For the purposes of rendering
services the licensed service providers inevitably require
‘radio frequency spectrum’ which is acquired through an open
competitive bidding process. It is the case of the appellant
Company that, as a licensee, it is compelled by the Authority
from time to time to suspend its services on the basis of mere
apprehensions
which
on
the
one
hand
infringes
the
fundamental rights guaranteed under the Constitution and on
the other causes a breach of its obligations to the customers
i.e. to provide uninterrupted cellular voice and data services.
Likewise, the petitioners who use such services assert a
violation of their rights due to the suspension of the services.