12
FAO No. 42 of 2016.
other
and
provision
jurisdiction
licensed
the
which
to
suspend
or
users
Government
directive
under
inconsistent
8
section
Authority
services
from
section
the
service
is not
with
vest
the
telecommunication
customers
Federal
would
provider,
54(3)
thus
the
empowered
the
power
or operations
availing
of
with
to
of a
depriving
facilities.
issue
The
any
Act
of
1996
ibid.
To
the
policy
which
is
extent
of
inconsistency the policy directive will be ultra vires and void.
The
Policy
Directive
inconsistency
and
with
jurisdiction
argument
dated
section
and,
raised
26-12-2009,
54(3),
therefore,
by the
learned
to the
is without
void.
There
counsel
extent
lawful
of its
authority
is no force
for the
in the
respondent
Authority that sub section (2) of section 54 of the Act of 1996
vests
power
in the
latter to cause
suspension
of the
mobile
cellular service. The said provision can only be invoked
eventualities
against
described
Pakistan
aggression
or
Apprehensions
happening
(iv)
(i)
foreign
defense
untoward
attract
war
envisages
Federal
Government
telecommunication
‘telecommunication
that,
shall
in
or
have
described
hostilities
(iii)
of
law and
internal
Pakistan.
order or the
by no stretch
Moreover,
specific
this
of the
provision
eventualities,
preference
and
the
priority
in
systems over the licensee. The expression
system’
has been
defined
preference or priority over the licensee
mediums
(ii)
or
security
can
54(2).
the
or
power
incident
section
merely
The
any
i.e.
relating to public safety,
of an
imagination
by
therein
in the
in the
definition
of the
in section
2(u).
is confined to the
said
expression
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