Civil Appeal Nos.977 & 978 of 2018 and C.M.A. No.3658/2019 in C.A. No.978/2018
3
pertinent to highlight that the area of Karachi is
all five districts.”
3.
It is common ground that the events that invite such
directions are invariably related to national security or public
safety. What is disputed by the respondent licensee who
succeeded before the learned High Court is the extent of such
restrictions in terms of time, space and type of services that are
blocked. Specifically, the respondent licensee had challenged the
suspensory directions dated 28.03.2016. The first direction was
sent at 12.27 am:
“It is requested to block all cellular mobile
(2G/3G/4G/LTE) Voice & Data services in 10km
radius around D-Chowk, Red Zone, Islamabad to
avoid any untoward incident by 0030 hrs on
March 28 2016 and control spill over sites as well.
The services would remain blocked till further
notice.”
This was followed by a further direction at 06.24 am:
“Is requested to restore mobile services by 0700
hrs on March 28, 2016 and confirm through
return email.”
There is agreement between the parties that national security or
public safety priorities should justify the imposition of such
restrictions and directions. However, the respondent licensee
contends that the Federal Government ought to have settled
procedures and benchmarks to regulate its discretion. This is
urged because the respondent has a right to do business and the
sudden curtailment of its rights has negative implications.
4.
The impugned directions dated 28.03.2016 under the
policy directive dated 26.12.2009 were not impeached by the
respondent licensee before PTA but were straightaway challenged
before the High Court in an appeal filed under Section 7(1) of the