| Citation(s) |
|---|
| 2018 SLG 1388 2018 SLD 1388 2018 PLD 504 |
Lahore High Court
Writ Petition No. 104383 of 2017, hearing Date : 08-02-2018.
JAWAD HASSAN, JUSTICE
Ahmad Farooq for Petitioner.
Writ Petition No. 104383 of 2017, hearing Date : 08-02-2018.
JAWAD HASSAN, JUSTICE
Ahmad Farooq for Petitioner.
PAKISTAN MOBILE COMMUNICATION LIMITED
VS
PROVINCE OF THE PUNJAB AND 7 OTHERS
Law:
Section:
Punjab Security of Vulnerable Establishment Act (XIV of 2015)--- ----Ss. 2(i), 7, 9 & 12---Vulnerable establishment---Security was a cellular phone service provider and had set up several Base Transceiver Stations (BTS) towers--- Petitioner was aggrieved of notices issued by authorities to comply with security arrangements of BTS towers---Validity did not fall under the definition of 'vulnerable establishment' because BTS towers were not notified under Punjab Security of Vulnerable Establishment Act, 2015, as vulnerable establishments---High Court directed the authorities not to harass and take coercive measures against petitioner in violation of applicable law and in absence of notification declaring the petitioner as a vulnerable establishment---Constitutional petition was allowed accordingly. THIS JUDGMENT DELIVERED BY: JAWAD HASSAN, JUSTICE:---.--- Through this petition, the Petitioner has challenged the notice dated 31.10.2017 issued by the Respondent No. 4, along with undated and unnumbered notice of the Respondent No. 6 (the Impugned Notices"). 2. The learned counsel for the Petitioner submits that the Petitioner is a company incorporated under the Companies Ordinance, 1984 and is engaged in the business of providing telecommunication and cellular services under the name and style of 'Mobilink'. In this respect, the Petitioner has set-up several Base Transceiver Station (BTS) towers throughout Pakistan after obtaining permissions and requisite NOCs from the concerned authorities. The grievance of the Petitioner is that the Respondents Nos. 4 and 6 have issued Impugned Notices directing the Petitioner to adhere to the SOPs regarding BTS towers and to comply with requirements mentioned in the Impugned Notices, which are not practically possible due to financial and other economic issues. He submits that the Respondents have no jurisdiction under the Punjab Security of Vulnerable Establishment Act, 2015 (the "Act") to issue such notification because the Petitioner does not fall under definition of "vulnerable establishment" provided in Section 2(i) of the Act and also the Impugned Notices were issued without any Security Advisory Committee which ought…
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