| Case ID |
10a69067-4832-49f8-abbf-8512b5dc7fc3 |
| Body |
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| Case Number |
Writ Petition No. 65 of 1994 |
| Decision Date |
Oct 06, 1994 |
| Hearing Date |
|
| Decision |
The High Court ruled that the petitioner was not responsible for the payment of outstanding dues related to a disconnected telephone that was not in use by him. The Court found that the authority acted without lawful authority in holding the petitioner as a defaulter and directed that the disconnected telephone at the office of the petitioner should be restored forthwith. The Court emphasized that it is the subscriber in whose use the number was that is responsible for clearing outstanding amounts, not the number itself. |
| Summary |
In the case of Writ Petition No. 65 of 1994, the High Court (AJ&K) addressed the issue of telephone disconnection due to alleged non-payment of dues. The petitioner, Syed Muhammad Akram Shah, contended that his official telephone was disconnected based on arrears from a previous telephone that was no longer in use. The Court examined the provisions of the Azad Jammu and Kashmir Interim Constitution Act and the Telegraph and Telephone Manual, determining that the authority's actions were unlawful. The Court ruled that the petitioner was not liable for the dues as he had not used the telephone in question, thus reinforcing the principle that accountability lies with the subscriber actively using the service. This decision highlights the importance of fair administrative practices and the protection of individual rights under constitutional law. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SYED MANZOOR HUSSAIN GILLANI, J
|
| Lawyers |
M. Tabasum Aftab,
Khawaja Abdus Samad
|
| Petitioners |
Syed MUHAMMAD AKRAM SHAH
|
| Respondents |
another,
DIRECTORGENERAL, HEADQUARTERS SPECIAL COMMUNICATION ORGANISATION
|
| Citations |
1995 SLD 986 = 1995 CLC 476
|
| Other Citations |
Not available
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974),
Telegraph and Telephone Manual, Vol.VI
|
| Sections |
44,
R.8(ii)
|