PAKISTAN TELECOMMUNICATION COMPANY LIMITED vs PAKISTAN TELECOMMUNICATION AUTHORITY Ss — 2022 MLD 1914 ISLAMABAD

Case information

Citation: 2022 MLD 1914 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: MLD
Parties: PAKISTAN TELECOMMUNICATION COMPANY LIMITED vs PAKISTAN TELECOMMUNICATION AUTHORITY Ss
Provisions referred to: S. 23

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PAKISTAN TELECOMMUNICATION COMPANY LIMITED VS PAKISTAN TELECOMMUNICATION AUTHORITY Ss.23 & 7---Issue of enforcement order and penalties---Appeal and revision---Scope---Appellant assailed order passed by the PTA (Pakistan Telecommunication Authority) whereby a fine of Rs.1 million was imposed on it for providing incorrect data---Contention of appellant, inter alia, was that it had not contravened any of the terms and conditions of its license, the Pakistan Telecommunication (Re-organization) Act, 1996 or rules made thereunder---Validity---Held, it was ludicrous to assert that PTA was bereft of the power to impose a fine on a licensee for not providing authentic, correct and complete information to PTA unless the licensee had been given an opportunity to remedy the contravention---Such an interpretation of S.23(3) of Pakistan Telecommunication (Re-organization) Act, 1996, would be an open license to the licensees to provide unauthentic, incorrect and incomplete information to PTA with impunity, and hope for such contravention to never be detected---Such an interpretation would also render S. 23(3)(b) redundant which empowered PTA to impose a fine on a licensee where a licensee was unable to satisfy PTA as to the contravention of rules or a term or condition of a license---Appeal was dismissed.

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