Peshawar High Court (PHA) issues notices to PTA, Deputy Commissioner (DC) in cable network petition
PESHAWAR- A division bench of Peshawar High Court, comprised of Justice Khalida Rashid and Justice Tariq Pervez has issued notices to Pakistan Telecommunication Authority (PTA) and Deputy Commissioner Peshawar for comments in three different writ petitions regarding the closure of cable network in Hayatabad Peshawar by the district administration.
While challenging the closer of Cable Network Service in Hayatabad township, three writ petitions had been filed in Peshawar High Court saying that the order of the district administration and Telecommunication authority regarding the closure of Cable Network Services should be declared illegal and unconstitutional.
The petitions ware filed by Cable World, Shameer cable network, Asia cable network and Zakrya Khan through Qazi Mohmmad Jamil senior Advocate of Supreme Court, Ali Jamil Qazi advocate and Barrister Bacha in the Peshawar High Court. The petitioners have told the court that the very order of the district administration, special magistrate and telecommunication authority should be declared unconstitutional and order the administration to the petitioners to continue their business in the area. The Telecommunication Authority, Deputy Commissioner and Special Magistrate, Peshawar have been made as respondents in the petition.
The petitioners said that they authorized dealership of cable network and were fully empowered to introduce cable network in the region. They added that after the federal cabinet formulated the policy of allowing cable network service across the country. They stated that after that policy was formulated proper advertisement were given in the press, seeking application for issuance of licences. They said that they were given proper permission by the Pakistan Telecommunication Corporation Act 1996.
The petitioners claimed that after getting due permission they had started setting up infrastructure and received applications from aspirants of installing cable network service at their residence.
They state that all of a sudden the administration in illegal manner has sealed the cable network services without assigning any reason. They added that a vague order was issued not mentioning any section of law under which the cable network was closed in Hayatabad. The petitioners contended that the district administration have no power to order for the closure of the cable network service as the petitioners were licensees of (PTA). They added that their licenees could not be suspended by the district administration through simple order.
The petitioners argued that they have telecast only those programmes, which were already being displayed through satellite antennas. They added that the act of the government was unjustified. adding that the impugned order was based on malafide intentions, on the part of government.
Counsels for petitioners said that the federal government has legalised the cable network service and number of companies have started functioning in this regard in the limits of Peshawar. They added that order would cause financial losses not only to the petitioners but also to the government.
They further said that the PTCL was the matter of central government and the Provincial administration has no law to impose ban. They added that large number of people are enjoying cable service, but the administration orders have disappointed them. The district administration has sealed some eight cable network services, namely: City Cable Network, Utman Cable Network, Shah Mir Cable Network, Cable World, Asia Cable Network, Kashif Cable Network, Cable Life and Sky Cable Network. The court after heating the arguments issued notices to the PTA and Deputy Commissioner Peshawar, for comments with in a week.
Source: The Nation
Date:6/28/2000
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