| Case ID |
edf442b6-a894-481d-b6ae-c710b006cbb0 |
| Body |
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| Case Number |
F.A.O. No.108 of 2021 |
| Decision Date |
Nov 20, 2023 |
| Hearing Date |
|
| Decision |
The Islamabad High Court set aside the order passed by the Pakistan Telecommunication Authority (PTA) due to a violation of the principles of natural justice. The court found that the PTA had failed to provide the appellant with evidence collected during an inquiry, which constituted a breach of the due process rights of the appellant. The court emphasized that the proceedings were quasi-judicial in nature and required strict adherence to the principles of justice. The case was remanded back to the PTA for a fresh decision, ensuring that all material evidence would be shared with the appellant for a fair trial. |
| Summary |
In the case of C.M. PAK. LIMITED vs. PAKISTAN TELECOMMUNICATION AUTHORITY (PTA), the Islamabad High Court addressed significant issues surrounding due process and fair trial rights under the Pakistan Telecommunication (Re-organization) Act, 1996 and the Constitution of Pakistan. The appellant, C.M. PAK. LIMITED, challenged an order from the PTA regarding tariff charges, arguing that the PTA did not share crucial evidence gathered during an office visit. The court ruled that this lack of transparency violated the principles of natural justice and remanded the case back to the PTA for reconsideration, ensuring that all evidence would be disclosed to the appellant. This case highlights the importance of fair trial rights and the obligation of regulatory authorities to adhere to due process in their proceedings. It underscores the necessity for transparency and fairness in administrative actions, particularly in quasi-judicial contexts. The decision reinforces the legal standards for evidence sharing and the rights of entities involved in regulatory inquiries, making it a pivotal case for future administrative law interpretations. |
| Court |
Islamabad High Court
|
| Entities Involved |
PAKISTAN TELECOMMUNICATION AUTHORITY,
C.M. PAK. LIMITED
|
| Judges |
Aamer Farooq, CJ
|
| Lawyers |
Taimoor Aslam Khan for Appellant,
Salman Mansoor along with Adil Javed, AD (Legal), PTA,
Syeda Itrat Batool, Law Officer,
Adil Umer Khalil, Director (CA) PTA
|
| Petitioners |
C.M. PAK. LIMITED THROUGH DULY AUTHORIZED ATTORNEY
|
| Respondents |
PAKISTAN TELECOMMUNICATION AUTHORITY (PTA) THROUGH CHAIRMAN AND ANOTHER
|
| Citations |
2024 SLD 2999,
2024 CLC 928
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Telecommunication (Re-organization) Act, 1996,
Constitution of Pakistan, 1973
|
| Sections |
7(1),
23,
10A
|