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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