The Islamabad High Court on Tuesday suspended a single bench verdict wherein it had declared the off and on closure of mobile phone networks by the government on security pretext as illegal. A division bench of IHC comprising Justice Aamer Farooq and Justice Moshin Akhtar Kayani heard the ICA moved by PTA and suspended the single bench's judgment till first week of May. It said the suspension order is interim one and will be vacated in the first week of May unless court issues directives in this connection.
During the hearing, Additional Secretary Ministry of Interior Farah Hamid adopted before the court that in the past whenever they received directives about closure of cellular service, they did. However, due to a judgment of the IHC single bench, it is not possible now for them. Earlier, Barrister Munawar Iqbal, counsel for PTA, informed that the security situation in Islamabad is very poor and the federal government is also celebrating national day on March 23. He, therefore, requested to nullify single bench's verdict dated February 26 till adjudication of this ICA.
Justice Athar in its judgment said, "The actions, orders and directives issued by the federal government or Authority (PTA), as the case may be, which are inconsistent with the provisions of section 54(3) are declared as illegal, ultra vires and without lawful authority and jurisdiction." He added that the federal government or Pakistan Telecommunication Authority (PTA) are not vested with powers and jurisdiction to suspend or cause the suspension of mobile cellular services or operations on the ground of national security except as provided in section 54(3) that is regarding proclamation of emergency by the President of Pakistan.
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