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The Islamabad High Court (IHC) on Monday declared illegal the suspension of mobile phone services on the pretext of 'security concerns'.
It is common practice for mobile phone services to be suspended in Pakistan's cities on 'sensitive' religious events like Ashura and Eid Miladun Nabi.
Justice Athar Minallah, announcing a verdict reserved on September 21, 2017 on multiple petitions filed by a citizen and telecommunication companies, said that suspension of mobile phone services by the federal government and other authorities is illegal and tantamount to exceeding their authority.
The petitions had argued that suspension of mobile phones around major events is a violation of the fundamental rights of citizens and against the Telecommunication (Reorganisation) Act 1996.
The Pakistan Telecommunication Authority (PTA) had responded saying that it was the government which issued the orders for suspension, while the federal government had defended itself by relying on Article 54 (2) of the Telecommunication (Reorganisation) Act 1996, which states: "During a war or hostilities against Pakistan by any foreign power or internal aggression or for the defence or security of Pakistan, the Federal Government shall have preference and priority in telecommunication systems over any license."
A report released in 2015 highlighted the socio-economic losses incurred by the country due to suspension of cell phone services. It said that the suspension has adverse impacts on the economy and productivity at work while also restricts access to emergency services and contributes to an increase in panic in the country.
Comments (9) Closed
Excellent decision by IHC but who will implement it?
Law establishment clashing with agencies
A good decision
Good decision by the honourable court. Enough of inconveniences have been faced by the general public beside huge losses to the telecom operators.
This is a very risky decision. The government didn't defend its case well or the evidence may have been not sufficient. But this is a very serious matter as many a time in news it has come that anti state elements use mobile devices for their ulterior motives.
As a citizen, I have no objection to mobile services being off for one or two days. We should appreciate that this is in our interest and government is doing as much as possible to minimise disruption. What is a serious event takes place now, whose fault would be that??
They probably don’t understand how mobile phones can be used to organise criminal activities. Suspension at least lower the risk of an unpleasant event.
Excellent decision.
Excellent decision by the honorable justice. This tactic of suspending mobile service was the brain child of a highly incompetent Interior Minister Rehman Malik. Instead of actually increasing the security of citizens during the sensitive occasions, herelied on suspending cellular networks. PMLN also continued this policy, although to a lesser extent. Its time to bury this practice for good.
Good decision