The Sindh High Court has restrained Pakistan Telecommunication Authority and Pakistan Telecommunication Company Limited from taking any adverse action against the Internet Service Providers Association till April 22, 2004.
The Court order dated April 2 said: "In Suit No. 322/2004 filed by Internet Service Providers Association against Defendants Pakistan Telecommunication Authority (PTA) and Pakistan Telecommunication Company Limited, the Plaintiff has made two applications under order 39 Rule 1 & 2 CPC (CMA No. 2076/2004) & (CMA No. 2077/2004).
"The SHC granted urgency application and it is, inter-alia, contended by the learned counsel for the plaintiffs, Arshad Tayebally advocate that there was a dispute between PTCL and Internet Services Providers as regard extending of internet telephony or Net2Phone services.
"According to learned counsel, basic telephone service is exclusive domain of PTCL whereas Net2Phone is entirely different field.
The controversy as regard the service being provided by Plaintiffs members. Controversy was set at rest by PTA, Vide Order dated November 16, 2002 it was directed such services would be continued with effect from January 1, 2003.
It is urged by the learned counsel that defendant No. 2 issued Notice dated 17th November, 2003 whereby threatening to revoke the Licence of Internet Service Providers Plaintiff No. 2.
"It is urged that without hearing the Plaintiff, defendant No. 2 have prejudice and is predetermined to take adverse action. The reply of Plaintiff was found unsatisfactory.
"According to the learned Counsel, the hearing is fixed on April 6, 2004 and is merely an eye-wash. Let notices be issued to the defendants for April 22, 2004.
"The Plaintiffs may attend the hearing on the said date. Till the next date of hearing, defendants may not take any adverse action against the Plaintiffs.
"By this order does not absolve the Plaintiff from attending the hearing that may be fixed before the concerned authorities.
"It is hereby ordered that you the Defendants above named be and are hereby directed that you may not take any adverse action against the Plaintiffs, till the next date of hearing, as per above Court's order."
Earlier, the Internet Service Providers Association of Pakistan (ISPAK) has been struggling for the last two-and-a-half years to get the IP telephony regularised. Consequently the PTA issued a determination on November 16, 2002 asking the PTCL to unblock the IP telephony sites with effect from the January 1, 2003.
However, the PTCL did not unblock the sites from the Pakistan Internet Exchange (PIE) on one pretext or the other.
At various times and certain levels of PTA functionaries helped the PTCL in threatening the ISPs who had managed to stay outside the PIE through various legal instruments.
After having exhausted all means available, the ISPAK filed a suit in the honourable Sindh High Court on April 1, 2004 in this regard.