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

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