Verdict declaring cell-phone suspension illegal set aside

ISLAMABAD: An Islamabad High Court (IHC) division bench Tuesday suspended a single bench order, declaring suspension of mobile phone services for security reasons as illegal. The order was issued on Feb 26 by the IHC single bench comprising Justice Athar Minallah. An additional secretary at the Ministry of Interior, Farah Hamid, submitted before the court that cellular services had always been suspended in the past for security reasons only after receiving directions in this regard. However, after issuance of the IHC single bench order, now it was not possible if suspension of cellular services is sought for security reasons.

After hearing the interior ministry arguments, the IHC division bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani suspended the single bench order till the first week of May. However, the bench said that the suspension order was interim and would be vacated in the fist week of May unless the court issue directives in this regard.

The division bench was hearing an intra-court appeal (ICA) of the federal government, which challenged the single bench judgment.

Counsel for cellular companies and Pakistan Telecommunication Authority (PTA) were also present in the court.

PTA counsel Barrister Munawar Iqbal said the cellular phone suspension was required due to security threats, especially in connection with March 23 event in the federal capital. He prayed to the court to set aside the single bench order.

Earlier, in a 15-page detailed judgment, Justice Athar Minallah had said that the petitions were allowed and "the actions, orders and directives issued by the federal government or the 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".

The federal government or the PTA were 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 for as provided in Section 54(3) that is regarding proclamation of emergency by the President of Pakistan, the IHC order said.