Karachi: The Sindh High Court has ordered the Interior Ministry to submit a response to the petitions against the internet service shutdown on election day.
A two-member bench headed by Chief Justice Sindh High Court Justice Aqeel Ahmad Abbasi heard the petitions against the shutdown of internet services in the country. PTA lawyers, government lawyers and others appeared.
PTA’s counsel stated that we had received orders to shut down the internet, due to which the internet had to be shut down. The court in a dialogue with the PTA lawyer said that you people are becoming so innocent, if you want, you can pick up any telecom company and throw it out.
Chief Justice Aqeel Ahmad Abbasi remarked that at present we want to find out what were the reasons on the basis of which the internet was shut down. All people are equal in the eyes of the law no matter who they are. As of today, the internet is not working properly. What time does the Ministry need to submit its reply?
The PTA counsel stated that we do not have any system to shut down the internet, we can only direct the companies. Our job is only to issue licenses and allow companies to operate as per the law. We don’t have any system to run or shut down secular companies.
Chief Justice Aqeel Ahmad Abbasi remarked that you people are here only to do paper work. Nowhere in the law is it written that the internet should be shut down in the entire country. The law specified specific areas where mobile phone service could be shut down for security reasons. PTA’s lawyer took the stand that if there is a shutdown of the internet even after the election day, then the instructions have not been given by us.
The Chief Justice remarked that there are media people from whom you can find out whether the internet is working properly or not.
The petitioner’s lawyer submitted that the Ministry of Interior has expressed ignorance about the shutdown of Twitter. Twitter is still down in many of our areas. The Supreme Court has said in this regard that such closure is illegal, at least we should be given a justification as to why Twitter is not working. Actions can also be taken specifically against a website or any link under the PICA Act.
The counsel for the federal government stated that under the 2009 law, the PTA asked all the mobile phone companies to stop the service. Maliciousness would have occurred if this legislation had been enacted in 2023 or 2024.
Justice Abdul Mubeen Lakhu remarked that under this law, internet or mobile service can be stopped in a specific area. There are concerns about shutting down internet services across the country. The Chief Justice said in his remarks that by the grace of Allah, no harm was done on February 8, the elections were held, what will happen next has to be seen. Those who are running the country or parliamentarians will turn off their mobile phones? You tell us what no one knows. The service may be stopped where the law and order situation is bad and law enforcement agencies are operating.
PTA’s counsel stated that no company was asked to shut down internet or mobile phone service after February 9. Chief Justice Aqeel Ahmad Abbasi inquired that X is closed even today, if a company does not follow the instructions of PTA, then what action has been taken against it?
Advocate Abdul Mueez Jafari, the petitioner, stated that today they will say that all the terrorists are gathered at X, then will X be closed. In 2009, X-Service was not in Pakistan. If PTA is admitting that X was not closed on their instructions, then who has closed it, then it is a matter of national security.
The Chief Justice remarked whether X can suspend his service in a country at the behest or under pressure. Justice Abdul Mubeen Lakho said in his remarks that X has said in any official statement that we are stopping our service in Pakistan.
The Chief Justice remarked that the matter of May 9 is understandable, it is not understandable that the service is closed even after February 8. It seems that social media is being managed but who is doing it will also come out. Journalists who cannot speak on national TV for some reasons and express their views through social media. People listen to these journalists and it happens all over the world.
The court issued notices to Chairman PTA and others on the plea of contempt of court. The court has also asked for a response by March 20 on the request of journalist Zarar Khoro. The court ordered the Ministry of Home Affairs to submit a reply to the upcoming hearing on the internet shutdown on election day.
The court also extended the ongoing injunction regarding the restoration of the Internet while seeking a response to the shutdown of X.
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