This is time for digital right activists who are trying to ensure civil liberties in contemporary era as in response to pleas challenging suspension of internet and cellular phone services on the election day on February 8 amid ban on access to social media platform X, Sindh High Court issued directives to Pakistan Telecommunication Authority and the federal ministry of interior to file comments in the matter.
Responding query of the Chief Justice of Sindh High Court Justice Aqeel Ahmed Abbasi who was heading a two-member bench as to why internet and cellular phone services were suspended on the general election day in the country, the PTA counsel counsel disclosed saying the services were suspended on the request of the ministry of interior and other security agencies due to security concerns.
The counsel further submitted the PTA had however asked the cellular phone companies and internet providers to restore the service on February 09. The court observed that the public interest and the system of the country were badly affected due to frequent suspensions of internet and cellular phone services. It observed that the PTA and other government functionaries still did not file replies with regard to the suspension of the internet and cellular phone services on the election day.
It said the country could not be run by suspending the internet or cellular phone services and the situation of the country could not be made better without understanding the ground realities. The bench observed civilized world would not accept if such a situation was created time and again, adding the federal government was asked to submit reasons for the suspension of internet service during the election day.
The bench observed saying internet service was still affected in the country and the service was being controlled with different tactics. The court observed that prima facie social media platforms were being managed and the names of people causing the disruption would not remain hidden for too long.
However, the PTA counsel submitted that the PTA had not directed any company to suspend or disrupt the cellular or internet service after February 09. Counsel for the petitioners Jibran Nasir made a point arguing the PTA was admitting that it did not shut down the social media site X and it should be ascertained under whose order the social media site was closed down as it was a matter of national security.
The counsel for the PTA said the internet and cellular service was shut down due to national security concerns and reports were filed by federal and provincial governments agencies. The court observed that the internet service can be shut down in specific areas due to a law and order situation, but the entire country could not be deprived of it. It further said social media site X was still shut down and what action had been taken by the PTA if any company was not acting on instructions of the authority.
The SHC had earlier directed the PTA to ensure that there be no further shutting down, disruption or slowing down of the internet service unless there were valid or cogent reasons which shall be intimated to the court on the next date of hearing if such a situation further continued. The court made it clear that if no valid reasons were provided for the continued suspension, disruption or slowing down of the internet service, adverse inference may be drawn against the authorities concerned. The court had also directed the PTA to restore social media site X “if there was no lawful justification or reasonable grounds to deny the internet access to X”.
