The Supreme Court on Wednesday set aside the Islamabad High Court (IHC) judgment regarding suspension of mobile phone services by the government in view of public safety.

The IHC on February 26, 2018 had declared the suspension of mobile phone services by the government, on the pretext of public safety, as illegal.

In 15-page detailed verdict, Justice Athar held, "The actions, orders and directives issued by the federal government or 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."

Ministry of Information Technology and Telecommunications, and Pakistan Telecommunication Authority (PTA) had challenged the IHC judgment before the apex court, which was heard by a two-judge bench comprising Justice Umar Atta Bandial and Justice Qazi Muhammad Amin.

The bench setting aside the IHC judgment directed the mobile companies to approach the federal government for redressal of their grievances.

The bench observed if the parties had reservations at the time of suspension of service then they should have approached the federal government.

The mobile service was suspended due to unpleasant circumstances and terrorism. However, the IHC had not kept these factors in mind, while passing the order.

Justice Bandial said the mobile companies also did not challenge the high court order. The mobile companies neither raised objections about the suspension of service before the IHC nor before the federal government.

Justice Bandial said the direction for suspension of mobile service should be based on some reasonableness and fairness.

Justice Qazi Amin said if peace prevailed in the country, then it would benefit everyone. He said in the war against terrorism, thousands of people lost their lives and the country faced loss of billions of rupees.

Justice Amin said business and foreign investment were essential, but the foreign mobile companies could not dictate to the federal government regarding suspension of cell phone service.

The counsel representing mobile company CMPAK contended that the PTA issued direction for suspension of mobile service, if in any areas there was a security issue.

He argued that services under the license could only be disconnected either under clause 6.21 or clause 6.71 and sub-section 3 of Section 54, in case, when president of Pakistan proclaimed emergency.

The federal government, through a policy directive issued under Section 8 of the PTA Act cannot empower the authority to suspend the cellular services in disregard to the provisions of Section 54.

And if, operations are suspended under Section 54, then the federal government is required to compensate the licensees for the losses.

The CMPAK had contended they are license holders and got radio frequency spectrum through open bidding.

The petitioner is being compelled by the PTA from time to time to suspend its services on the basis of mere apprehensions, which on the one hand, infringes the fundamental rights and on the other, causes a breach of company's obligations to the customers, that is, to provide uninterrupted voice and data services.

The CMPAK Limited and some civilians had filed petition in the IHC challenging the PTA directives for suspension mobile phone services.

It was their stance that their fundamental rights are being violated, when the cellular services are suspended.

The citizens had contended that off and on, suspension of mobile phone service on security pretext is irksome and a violation of their fundamental rights.

They further maintained that the practice was also illegal under the Pakistan Telecommunications (Reorganization) Act, 1996.

They adopted that the mobile phone services usually remained suspended during the protests, sit-ins, Muharram, Rabiul Awal, important funeral and chehlum, and sometimes during the Lal Masjid cleric's sermons.