ISLAMABAD ( ABRAR MUSTAFA )
Justice Athar Minallah issued notice to chairman PTA to reply within fortnight regarding as to why he has not done what is needed while this whole petition was transferred to him vide order dated 10-12-2014. Respondent also have to submit a detailed para wise comments of this public interest litigation. In this regard Registrar Islamabad High Court is directed to fix this case within fortnight.
Justice Athar Minallah issued order during hearing of petition filed by Raja Saim ul Haq Satti Advocate chairman voice of human rights organization in Islamabad High Court on Thursday.
It is to be noticed that the petitioner has also filed the same writ petition and his lordship Mr Justice Athar Minallah, J on 10-12-14 has directed the chairman PTA decide the same within 30 days but till date the chairman PTA has not even taken up the case hence this new writ on the same cause of action and It is respectfully prayed that the instant writ petition be accepted making an appropriate direction to the regulator Pakistan Telecommunication Authority (PTA) and respondents not only to block and suspend the operation of millions of illegal, unregistered Afghan SIMs (subscriber identification module) of Afghan mobile telephone companies due to the roaming facility given by a Pakistani mobile phone operator i.e. the Etisalat telecom company operating in Afghanistan and Pakistan in both countries whereby the callers hide their identity operated inside Pakistani territory using international roaming services to make and receive calls being sold like ‘potatoes and tomatoes’ used in 90% of serious crimes such as extortion, anti-state activities, extension of threats of dire consequences, carry out bomb blasts, kidnapping for ransom cases in Pakistan, illegal VoIP (Voice over Internet Protocol) by terrorist networks; More so, our state agencies and law enforcement forces recovered 17,000 Afghan SIMs after a raid on an illegal VoIP set-up in Peshawar which were belonged to MTG (Multinational Telecommunication Group) and Roshan cellular networks, which have roaming facility agreements with Ufone and Zong without existence of any international roaming agreement which is mandatory in jurisdictions of the world and the respondents concerned don’t pay any heed to this menace and the relevant CEO and the management of cellular companies be booked for perpetration under cybercrimes and be made liable to pay the compensation to the legal heirs of the deceased and the injured under Qisas and Diyat laws who miserably failed to introduce the biometric system for activation / registration of prepaid SIM card had these so called foreigner cellular investors and defaulter of 26Million of tax who are primarily focused on making money day in and day out shown iota of responsibility introducing the bio-matric foolproof system so the nation would have not seen the Peshawar incident and others but also the same treatment be meted out to others unverified prepaid or post paid SIMS locally operated in Pakistan.
It is further prayed that this Hon’ble Court may be pleased to direct the respondents to produce the order, notification or policy under which the Short Message Service (SMS) of the lawful general public like the petitioner been blocked for last three months despite of the fact the fact that the concerned cellular company is charging the amount in the name of SMS package for judicial scrutiny in violation of fundamental rights guaranteed under the constitution of the Islamic republic of Pakistan; meanwhile, the SMS service of petitioner be resumed with immediate effect and to pay the petitioner costs of the petition declaring the stoppage of SMS discriminatory and unlawful in violation of article 19-A of the constitution which gives freedom of expression to lawful citizens. It is further prayed that the SMS services of 0333 511 47 29 despite of charging in advance suspended or blocked all against the law despite of the fact that Petitioner made the payment and this court may also take necessary legal action on this score as well.
It is further prayed that the respondents miserably failed to provide details/data of in-coming and out-going calls and their durations, details of ratio / kind of tax deduction in bill, as they have not got signed any contract with the Petitioner for charging for different packages like call-blocker, ring tunes etc no terms or condition have been intimated to the Petitioner thus such deduction be declared unlawful and the amount so collected be refunded, they get signed and thump impressions with mala fide and ill-wills on some documents whereupon obscure writing was made in 6-Font i.e. a human eye cannot read the same, in Eng language, whereas the standard size is Top 2.54 bottom 2.54, Left 2.54 right 2.54, Minimum 12-Font and assured that the details would be intimated through on line but all in vain, hence a needful may kindly be done to this effect as well.
It is further prayed that different fraudulent schemes and advertisements are made which are misleading or likely to mislead about continuing rate/ tariff, mobile phone subscriptions etc. and these advertisement have never been sanctioned or authorized by any competent authority thus fleecing the money from public-at-large like the Petitioner against the law and they are not providing any data or record despite of demand; illegally charging more than 30% tax and no record is providing to the Petitioner regarding its collection and further deposit in the government treasury and withhold the same against the law; charging on account of call blocker, tunes etc was also highly unlawful, unethical and immoral therefore this court also pass an appropriate order;
It is further prayed that it’s high time that a landmark judgment in such like matters be made that should serve as a reminder and eye opener for these so called foreign investors and cellular service providers looking for quick gains by misleading consumers creating a insecurity and law and order situation making them to face significant penalties; and respondents concerned be directed to pay constitutional damages, in future they be bound down to do the needful following the telecommunication laws, rules and policies and honor the right-to-know of the lawful subscribers guaranteed in the constitution of the Islamic Republic of Pakistan.