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Saturday October 05, 2024

Country cannot be run by suspending internet, phone services: SHC

By Jamal Khurshid
March 06, 2024
The Sindh High Court building in Karachi. — Facebook/The High Court of Sindh, Karachi/File
The Sindh High Court building in Karachi. — Facebook/The High Court of Sindh, Karachi/File 

The Sindh High Court on Tuesday directed the Pakistan Telecommunication Authority and the federal ministry of interior to file comments on petitions against the suspension of internet and cellular phone services on the election day on February 8 as well as the ban on access to social media platform X.

During a hearing of petitions against the shutting down of internet services in the country every now and then and the ban on access to X, formerly known as Twitter, a division bench headed by Chief Justice Aqeel Ahmed Abbasi inquired the PTA counsel what the reasons were for suspending the internet and cellular phone services on the election day.

The PTA counsel submitted that the internet and social media services were suspended on the request of the ministry of interior and other security agencies due to security concerns. He said the PTA had however asked the cellular phone companies and internet providers to restore the service on February 9.

The court observed that the public interest and the system of the country were badly affected due to frequent suspensions of internet and cellular phone services. It observed that the PTA and other government functionaries still did not file replies with regard to the suspension of the internet and cellular phone services on the election day.

It said the country could not be run by suspending the internet or cellular phone services and the situation of the country could not be made better without understanding the ground realities.

The court observed that the civilized world would not accept if such a situation was created time and again. It said the federal government was asked to submit reasons for the suspension of internet service during the election day.

It said the internet service was still affected in the country and the service was being cotrolled with different tactics. The court observed that prima facie social media platforms were being managed and the names of people causing the disruption would not remain hidden for too long.

The PTA counsel submitted that the PTA had not directed any company to suspend or disrupt the cellular or internet service after February 9. The petitioners’ counsel Jibran Nasir submitted that the PTA was admitting that it did not shut down the social media site X and it should be ascertained under whose order the social media site was closed down as it was a matter of national security.

The counsel for the PTA said the internet and cellular service was shut down due to national security concerns and reports were filed by federal and provincial governments agencies.

The court observed that the internet service can be shut down in specific areas due to a law and order situation, but the entire country could not be deprived of it. It further said social media site X was still shut down and what action had been taken by the PTA if any company was not acting on instructions of the authority.

The SHC had earlier directed the PTA to ensure that there be no further shutting down, disruption or slowing down of the internet service unless there were valid or cogent reasons which shall be intimated to the court on the next date of hearing if such a situation further continued.

The court made it clear that if no valid reasons were provided for the continued suspension, disruption or slowing down of the internet service, adverse inference may be drawn against the authorities concerned. The court had also directed the PTA to restore social media site X “if there was no lawful justification or reasonable grounds to deny the internet access to X”.