| Case ID |
f79ee2ff-6844-4a67-bbba-52bce56e5ab7 |
| Body |
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| Case Number |
Civil Appeals Nos. 977 and 978 of 2018 and C.M.A. |
| Decision Date |
Apr 22, 2020 |
| Hearing Date |
Apr 22, 2020 |
| Decision |
The Supreme Court of Pakistan allowed the appeal, overturning the Islamabad High Court's judgment which struck down a policy directive issued by the Pakistan Telecommunication Authority (PTA). The court found that the PTA's actions in suspending cellular services were justified under the Pakistan Telecommunication (Re-organization) Act, 1996, particularly in the context of national security. The court emphasized that the PTA's powers under the relevant sections of the Act were appropriate in response to the potential escalation of violence during protests. The court concluded that the High Court had misinterpreted the applicable sections of the law, and therefore, the decision of the High Court was set aside. |
| Summary |
In a significant ruling, the Supreme Court of Pakistan addressed the balance between national security and the rights of telecom operators under the Pakistan Telecommunication (Re-organization) Act, 1996. The case arose following the PTA's directive to suspend cellular services during periods of unrest. The court ruled that such measures are necessary to prevent violence and protect public safety, particularly during sensitive events. The judgment underscores the authority of the PTA to act decisively in the interest of national security while clarifying the interpretation of relevant legal provisions. This case highlights the ongoing debate regarding regulatory powers in telecommunications and the need for clear guidelines ensuring both security and operational rights of service providers. The ruling serves as a precedent for future cases involving the intersection of telecommunications regulation and national security issues in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Government,
Pakistan Telecommunication Authority
|
| Judges |
UMAR ATA BANDIAL, JUSTICE,
QAZI MUHAMMAD AMIN AHMED, JUSTICE
|
| Lawyers |
Mr. Sajid Ilyas Bhatti, Addl. A.G.P.,
M. Ayub, Ministry of I.T.,
Mr. Munawar Iqbal Duggal, Advocate Supreme Court,
Sajjad Latif, D.G. (Law) PTA,
M. Khurram Siddiqui, Director Law, PTA,
M. Kashif, A.D. PTA,
Mian Shafaqat Jan, Advocate Supreme Court,
M. Sharif Janjuah, Advocate-on-Record,
Mr. Rashid Hanif, Advocate Supreme Court
|
| Petitioners |
ANOTHER,
MINISTRY OF INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS, ISLAMABAD
|
| Respondents |
ANOTHER,
C.M. PAK (PVT.) LTD., ISLAMABAD
|
| Citations |
2021 SLD 300,
2021 PLJ 43
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Telecommunication (Re-organization) Act, 1996,
Constitution of Pakistan, 1973
|
| Sections |
8(2)(c),
7(1),
54(3),
212(3),
232
|