Sindh High Court (SHC) issues notices in cell phone service suspension case
Karachi (Monday, November 19, 2012) – Sindh High Court (SHC) on Monday heard the petition seeking court directives against suspension of cellular phone services and issued notice to the Secretary Information Technology and Telecom, and Pakistan Telecommunication Authority (PTA).
Headed by Justice Faisal Arab, the division bench issued notice to respondents including the Deputy Attorney General to file comments. The petitioner Telenor Pakistan, through advocate Aijaz Shaikh, cited Federation of Pakistan through Secretary Information Technology and Telecom, and Pakistan Telecommunication Authority (PTA) as respondents.
Petitioner submitted that suspension of cellular phone services can only be ordered in the exercise of power under Section 54(3) of the Telecom Act-1991 and the exercise of such power is subjected to the condition that a proclamation of the emergency has been issued by the President of Pakistan.
He submitted that on none of the occasions any such proclamation of emergency was issued by the president and resultantly, the power of suspension under section 45(3) could not have been exercised.