Law: Pakistan Telecommunication (Re-organization) Act, 1996

Section: 7(1)

Law: Constitution of Pakistan, 1973

Section: 199

Pakistan Telecommunication (Re-organization) Act (XVII of 1996)--- ----S. 7(1)--- Constitution of Pakistan, Art. 199--- Constitutional petition---Concealing of facts---Alternate and efficacious remedy---License, termination of company was granted Wireless Local Loop License, which was terminated by authorities for non-payment of 50% balance Initial Spectrum Fee---Plea raised by petitioner was that authorities allowed to pay 50% balance Initial Spectrum Fee in ten equal installments---Validity had already agitated almost identical grounds and claims before superior Courts and failed to get any advantageous verdict in its favour by concealment of relevant facts preferred petition for similar nature of reliefs which had already been declined by the superior Courts---Even petitioner failed to produce any cogent material before High Court as well as before other High Court earlier regarding petitioner being allowed to pay 50% of balance Initial Spectrum Fee in ten equal instalments failed to raise any fresh ground or convincing material for consideration in support of its assertions---When alternate and efficacious remedy was already provided to petitioner in relevant laws pertaining to subject controversy and instead of availing such appropriate remedy, petitioner invoked constitutional jurisdiction of High Court with sole motive to defeat and delay rights of respondent, such petition should not be considered compassionately, as per the maxim of equity that he who claimed equity must come with clean hands---High Court declined to interfere in the order passed by authorities---Petition was dismissed in circumstances. [Paras. 22, 23 & 25 of the ] M.A. Kareem Iqbal v. Presiding Officer, Banking Court No. III and 4 others 2003 CLD 1447 rel. THIS JUDGMENT PASSED BY: SHAHNAWAZ TARIQ, JUSTICE:---.--- Through the captioned Constitutional petition, the petitioner Telecard Limited has impugned the order dated 29.05.2012, issued by the respondent No.2. The petitioner has sought following reliefs:- a) Set aside/quash the impugned notice/ order dated 29.05.2012, issued by the respondent No.2. b) Restrain the respondent No.2 from taking any coercive action against the…

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