The Lahore High Court on Friday refused to issue an injunction against a government decree suspending cell phone services on 9th and 10th Muharram as advocated by a mobile telecommunication company through a petition. The company termed the frequent closures “illegal” and a “violation of fundamental rights”.
One of the judges hearing the case, Justice Ijazul Ahsan, said that since the move was taken out of national security considerations, the court could not issue a restraining order without hearing the government’s point of view.
Cellular services have been banned in 46 cities of the country by the government to thwart any terror plot during the 9th and 10th of Muharram.
Representing the mobile company, Advocate Faisal Hussain Naqvi, said that the petitioner, on the government’s direction, had suspended its services five times on different occasions in the current year. He added that the company had suffered a financial lose of Rs95.76 million owing to these closures.
The court should issue a stay order against the suspension of mobile services, said Advocate Naqvi, adding that these frequent closures were illegal and in violation of fundamental rights.
Naqvi said that his client had already said that it will not suspend cellular services without prior agreement and payment of compensation by the Pakistan Telecommunication Authority (PTA). An exception, he said, would occur when such a measure was required by law.
Justice Ahsan, however, refused to issue a stay order in this regard and directed the deputy attorney general to ensure that the federal government and the PTA issued their responses at the next hearing.
Published in The Express Tribune, November 24th, 2012.
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