PHC maintains status quo in cell tower case

Published September 19, 2021
A police official stands guard outside the Peshawar High Court (PHC) in this file photo. — APP
A police official stands guard outside the Peshawar High Court (PHC) in this file photo. — APP

PESHAWAR: The Peshawar High Court has maintained status quo in the Defence Officers Colony cell tower case until further orders asking the mobile operator and Pakistan Telecommunication Authority to respond to the petition, which challenged the installation over health hazards.

A bench consisting of Justice Syed M Attique Shah and Justice Syed Arshad Ali issued notices to Zong CM Pak Limited, PTA and Khyber Pakhtunkhwa Environmental Protection Agency seeking their response to a citizen’s petition, which called for the court’s intervention to check the installation of the cell tower for being hazardous to the health of the residents.

Resident Dr Khalid Sultan had filed a petition few weeks ago requesting the court to declare illegal and unconstitutional the installation of the cell tower or base transceiver stations at the Defence Park, which was near his home.

The respondents in the petition are the PTI through its chairman, Peshawar Cantonment Board executive officer, Zong CM Pak Limited through its regional manager, and Environmental Protection Agency through its secretary.

Seeks response of PTA, mobile operator about plea against installation

He filed the instant petition seeking interim relief in the shape of an order for the suspension of work on the tower calling it against the law.

Advocate Saifullah Muhib Kakakhel appeared for the petitioner and contended that the main petition was taken up on Aug 24 for hearing with the court passing an order that the installation process may continue but the cell tower should not be made functional until the next hearing.

He added that when the petitioner demanded the production of no objection certificate given to the company by the PTA and EPA, the same wasn’t shown suggesting that the mobile operator didn’t obtain it.

The lawyer said the installation of the cell tower in a park was hazardous to the health of the people at large and that any untoward incident might happen due to it.

He added that the tower site in the park was close to the walking track.

The lawyer pointed out that earlier, citizen Mohammad Naeem filed a petition on the matter but it was still pending with the high court.

He added that the high court had restrained the respondents, including PTA and EPA, over that petition from issuing NOC to any mobile operator for the installation of cell towers.

The counsel said cell towers transmitted microwaves and other waves, which were dangerous to the human life and could cause cancer, headaches and dizziness.

He said guidelines were issued by the International Commission on Non-Ionising Radiation Protection in 1998 for the installation of cell towers, while those guidelines were issued nationally saying the cell towers should be installed in safe distance from houses, schools and public places.

Published in Dawn, September 19th, 2021

Opinion

Editorial

Large projects again?
Updated 03 Jun, 2024

Large projects again?

Government must focus on debt sustainability by curtailing its spending and mobilising more resources.
Local power
03 Jun, 2024

Local power

A SIGNIFICANT policy paper was recently debated at an HRCP gathering, calling for the constitutional protection of...
Child-friendly courts
03 Jun, 2024

Child-friendly courts

IN a country where the child rights debate has been a belated one, it is heartening to note that a recent Supreme...
Dutch courage
Updated 02 Jun, 2024

Dutch courage

ECP has been supported wholeheartedly in implementing twisted interpretations of democratic process by some willing collaborators in the legislature.
New World cricket
02 Jun, 2024

New World cricket

HAVING finished as semi-finalists and runners-up in the last two editions of the T20 World Cup in familiar ...
Dead on arrival?
02 Jun, 2024

Dead on arrival?

Whatever the motivations for Gaza peace plan, it is difficult to see the scheme succeeding.