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BHC Seeks Federal, Provincial Replies to Plea Challenging Cellular, Internet Suspension

Quetta – A division bench of the Balochistan High Court Wednesday sought provincial and federal governments para-wise comments in response to plea, challenging frozen cellular and internet services in the province since a week.

Khair Muhammad Shaheen, Chairman Balochistan’s Consumer Civil Society, argued in the High Court saying internet and social media is part and parcel in every walk of life. Because internet and social media are now essential, the suspension of these services, according to the petitioner raises question about protection of constitutional guaranteed fundamental rights.

During last week, mobile data services in the province were announced to be suspended until August 31 over “security reasons”. At the same time, a shutdown of internet services was also reported as former Balochistan Chief Minister Dr Abdul Malik on Saturday expressed concern over the law and order situation saying internet services had not been available in the province for more than a month.

In August 6, Balochistan Home Department has issued notification citing peculiar law and order situation in the province as cause behind suspending internet and cellular service. Appearing before a two-member bench of the Chief Justice Rozi Khan Barrech and Justice Sardar Ahmad Haleemi in the matter on Wednesday, the petitioner contended that the cellular network provides basic mode of communication for businessmen, students, educational institutions and others but the government had suspended mobile network and internet services throughout the province “without any plausible reason”, which was negatively impacting children’s education and business activities.

Shaheen further submitted indefinite suspension constituted a violation of fundamental rights guaranteed under Articles 9 (security of person), 15 (freedom of movement etc), 18 (freedom of trade, business and profession), 19-A (right to information) and 25 (equality of citizens) of the Constitution.

The petitioner also informed the court about inter-district and inter-provincial bus services suspension calling it a source of great suffering for commuters including every segment of life. After a brief hearing of the matter, the bench found the petitioner’ contentions compelling and issued directives to provincial and federal chief law officers to submit para-wise comments on the plea till August 15 (Friday), failing which the bench made it clear the secretaries of the interior and information technology ministries shall appear in person on next date of hearing.

It is pertinent to mention that in November last year, the Pakistan Telecommunication Authority (PTA) had announced the government’s decision to suspend internet and mobile services with immediate effect in many districts of Balochistan to ensure public safety, in the wake of terrorist attacks in the province and Khyber Pakhtunkhwa.

 

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at: mohla@lawtoday.com.pk

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