Islamabad Feb 26 (TNS): In a landmark decision, the Islamabad High Court has ruled that shutting down cellular service by the government in the name of security and under extreme circumstances was illegal and in violation of the fundamental rights of the citizens.
IHC judge Athar Minallah, who had earlier reserved the judgment on petitions of the citizens of Islamabad and some cellular companies — challenging the frequent shutting of mobile phone service by the government on the one or the other pretext — announced the verdict on Monday stating that shutting/disrupting the service was illegal, unlawful and in violation of the authority invested in the executive organs of the state.
The verdict sent a wave of wave of jubilation among the petitioners and the public at large, who said that judgment has indeed done justice to the denizens of the country mired in bomb blasts, terrorism and almost all kind of saboteur incidents despite several so-called and lengthy operations by different security agencies in the name of war on terror.
Islamabad residents had moved the court in 2016 challenging the off and on shutting of cellular service by government functionaries in the name of security. The hearing continued until September 22, 2107, before the court reserved the judgment.
The petitioners, Masooma Hassan, Waqar and others, had contended that the citizens face an increasing inconvenience when the government resorts to shutting down the cellular service. They had also contended that the service suspension also violates their fundamental right to have an access to telecommunication services. The petitioners had argued that it was also against the provisions of Pakistan telecommunications act, 1996.
The PTA counsel, Munawwar Duggle, however, had argued that the regulatory body never asked cellular companies to shut their service, and rather, it was doing whenever directed by the federal government. He had argued that there was a framework in place for discontinuing cellular commutations in case of an emergency, or in extreme circumstances, where there were chances of causing destruction or harm to life and property.
