CM Pak Limited v. Pakistan Telecommunication Authority

The case dealt with the right of the Pakistan Telecommunication Authority to suspend mobile cellular voice and data services. The Court interpreted Section 54(3) of the Telecommunication (Re-organization) Act, 1996 and held that the PTA has the right to block or suspend mobile phone operations only in cases where the President of Pakistan has issued a Proclamation of Emergency under the Constitution. It held that the PTA or the Federal Government could not invoke the ground of national security in the absence of such Emergency Proclamation. It found that the orders issued to block/suspend mobile phone services on the basis of mere apprehension of an untoward incident as had occurred on numerous instances were in violation of section 54(3). The Court noted that such illegal suspensions could expose the PTA and/or the Federal Government to claims of compensation or damages by the licensees or the users of the mobile cellular services. However, the decision has been stayed pending a decision by the Division Bench of the Islamabad High Court.

CYRILLA: Global Digital Rights Law

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