Civil Appeal Nos.977 & 978 of 2018 and C.M.A. No.3658/2019 in C.A. No.978/2018
2
ORDER
Umar Ata Bandial, J. The impugned judgment dated
26.02.2018 was passed by the learned High Court in a first appeal
bearing No. FAO 42 of 2016 filed by the respondent telecom
licensee under the Pakistan Telecommunication (Re-Organization)
Act, 1996 (“Act”). The respondent licensee had challenged the
suspensory direction dated 28.03.2016 issued by the appellant
Pakistan Telecommunication Authority (“PTA”). However, the
impugned judgment struck down the policy directive dated
26.12.2009 published by the Ministry of Information Technology
(I.T. & Telecom Division) under Section 8(2)(c) of the Act. The
impugned judgment held that the said policy directive failed to
meet the criteria and conditions laid down in Section 54(2) and (3)
of the Act.
2.
Pursuant to this impugned policy directive dated
26.12.2009, PTA from time to time had issued directions whereby
cellular services provided by telecom licensees were ordered to be
suspended in specified areas for limited time on grounds of
national security. To illustrate this point, certain suspensory
directions issued by PTA are given below. Email dated 22.03.2016:
“all
Mobile and Wireless (2G/3G/4G/LTE/
CDMA/WiMax) Voice & Data Services would
remain blocked in 20 kilometer radius around
Multi Purpose Ground, Islamabad to avoid any
untoward incident during Joint Services Pakistan
Day Parade at Multi Purpose Ground”
Email dated 21.10.2015:
“the closure timing for closing of Mobile and
Wireless
Services
(2G/3G/4G/
LTE/CDMA/WiMax Voice & Data Services) in
district/cities/areas forwarded vide trailing emails
is: from 0630 Hours to 2000 Hours on 24th
October 2015 (10 Muharram ul Haram). It is