| Citation(s) |
|---|
| 2019 SLG 2323 2019 SLD 2323 2019 PLJ 217 |
Supreme Court of Pakistan
C.P. No. 972 of 2018, decision & hearing Dated: 30.03.2018. (Against order Dated 23.2.2018 passed by the Islamabad High Court, Islamabad passed in F.A.O. 124 of 2017).
MIAN SAQIB NISAR, HCJ IJAZ-UL-AHSAN, JUSTICE
Petitioner(s) by: Mr. Muhammad Ali Raza, ASC and Mr. Tariq Mehmood, AOR
Respondent(s) by: Not represented
C.P. No. 972 of 2018, decision & hearing Dated: 30.03.2018. (Against order Dated 23.2.2018 passed by the Islamabad High Court, Islamabad passed in F.A.O. 124 of 2017).
MIAN SAQIB NISAR, HCJ IJAZ-UL-AHSAN, JUSTICE
Petitioner(s) by: Mr. Muhammad Ali Raza, ASC and Mr. Tariq Mehmood, AOR
Respondent(s) by: Not represented
CMPAK LIMITED
VS
PAKISTAN TELECOMMUNICATION AUTHORITY
Law: Pakistan Telecommunication (Re-organization) Act, 1996
Section: 23
Pakistan Telecommunication (Re-organization) Act, 1996 (XVII of 1996)-- ----S. 23--Issuance of licence for cellular mobile service--Provision of long distance international service--Issuance of letter regarding termination of international calls--Violation of regulatory laws--Show-cause notice--Unsatisfactory reply--Imposing of fine--Filling of F.A.O. allowed and remanded for fresh decision--Rejection of reply--Enforcement order--Challenged in writ petition--Dismissed--There is no denial of fact that White Listed IP addresses were made available to petitioner only for purpose of GPRS/Data services required by it in its capacity as cellular mobile service provider--Neither law nor license given to petitioner authorized it to use such IP addresses for terminating international calls--There was clearly an admission on part of petitioner that such addresses were actually used for testing LDI plat form of CMPAK LDI--Findings recorded by Appellate Court as affirmed by High Court are duty supported by record--Penalty imposed, is neither excessive nor exaggerated and quite in line with gravity of acts and omissions of petitioner--The learned counsel for petitioner has not been able to point out any illegality, misreading or non-reading of material on record or perversity of reasoning on part of both fora--On careful examination of record and perusal of order of authority as well as order of High Court, we are not persuaded to disagree with conclusions arrived at by lower fora to take a different view--We find no reason to discard their findings and substitute same by our own--Leave to appeal refused. THIS ORDER PASSED BY: IJAZ-UL-AHSAN, J.- The petitioner seeks leave to appeal against order dated 23.02.2018 passed by the Islamabad High Court, Islamabad in F.A.O. No. 124/2017. Through the impugned order, an appeal filed by the petitioner with Pakistan Telecommunication Authority (PTA) was dismissed and the order impugned therein was upheld. 2. The brief facts necessary for decision of this lis are that the petitioner is a licensed cellular mobile service provider in Pakistan. A wholly owned subsidiary of the appellant namely CMPAK LDI (Pvt.) Limited has been licensed by…
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