CHINA MOBILE PAKISTAN LIMITED (CMPAK LTD./ZONG) vs FEDERATION OF PAKISTAN through Secretary, Ministry of Infor

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CHINA MOBILE PAKISTAN LIMITED (CMPAK LTD./ZONG) VS FEDERATION OF PAKISTAN through Secretary, Ministry of Information Technology and Telecommunication art. 199---Constitutional petition---License, grant of---Renewal of license---Powers of juridical review---Principle---In matters regarding grant of licenses or their renewal by statutory bodies or regulators, Courts must exercise their discretionary power of judicial review with circumspection and only in furtherance of public interest. Citation Name: 2025 PLD 130 ISLAMABADBookmark this Case CHINA MOBILE PAKISTAN LIMITED (CMPAK LTD./ZONG) VS FEDERATION OF PAKISTAN through Secretary, Ministry of Information Technology and Telecommunication O. II, R. 2---Whole claim regarding one cause of action---Object, purpose and scope---All disputes must be settled once and for all---No person has to be vexed twice for one and the same cause. Citation Name: 2025 PLD 130 ISLAMABADBookmark this Case CHINA MOBILE PAKISTAN LIMITED (CMPAK LTD./ZONG) VS FEDERATION OF PAKISTAN through Secretary, Ministry of Information Technology and Telecommunication Ss. 5(2), 7, 8, 21 (4), 22 (3) & 31---Pakistan Telecommunication Authority (Functions and Powers) Regulations, 2006, Regln. 18(1)---Pakistan Telecommunication Rules, 2000, Appendix-B, Cl. 8.1---Constitution of Pakistan, Art. 199---Constitutional petition---Radio frequency spectrum---Unauthorized use---Liabilities of licensee---Grant and renewal of licenses---Petitioner/Cellular company was aggrieved of decision made by respondents/Pakistan Telecommunication Authority (PTA) and Frequency Allocation Board (FAB) regarding additional compensatory frequency spectrum of 6.6 MHz in 1800 MHz Band ("Additional Spectrum") allocated to it in year 2007 due to cross-border interference in its 900 MHz Band---Validity---There was no authorization from FAB in favourof petitioner/Company to utilize Additional Spectrum beyond 23-10-2019---Additional Spectrum as compensation for cross-border interference in its 900 MHz Band could not be equated with an authorization from FAB---Pakistan Telecommunication Authority rightly held that Radio frequency spectrum was a scarce resource, which could not be used/utilized without authorization---Frequency Allocation Board, in its 46th Board meeting held on 20-03-2020, approved auction of Spectrum in 1800 MHz Band---After litigation with petitioner/Company was over, the 6.6 MHz in the 1800 MHz Band/Additional Spectrum was to be available for auction---By reason of injunctive orders issued by High Court process of auctioning of 6.6 MHz in the 1800 MHz Band was thwarted---As such the same had resulted in a loss to public exchequer---Additional Spectrum of 6.6 MHz in the 1800 MHz Band had not become an integral part of network of petitioner/Company and therefore the same could not be made a part of its license post-renewal without any further charge---At all material times since 11-03-2016 the Additional Spectrum was going to be available to it only until the expiry of its license in October, 2019 and not any further---Pakistan Telecommunication Authority and FAB were not under any obligation to continue status quo regarding petitioner/Company's license, i.e. to renewlicense for initially granted spectrum of 7.6 MHz in the 900 MHz Band and 6 MHz in the 1800 MHz Band as well as the Additional Spectrum---Although the Additional Spectrum was allocated only for the areas affected by cross-border interference in Sindh and Punjab, petitioner/Company had continued to use such spectrum beyond its authorized use---Frequency Allocation Board complained to PTA that petitioner/Company had been utilizing the Additional Spectrum in different areas across Pakistan where no cross-border interference existed---High Court declined to interfere in the matter---Constitutional petition was dismissed, in circumstances. Citation Name: 2025 PLD 130 ISLAMABADBookmark this Case CHINA MOBILE PAKISTAN LIMITED (CMPAK LTD./ZONG) VS FEDERATION OF PAKISTAN through Secretary, Ministry of Information Technology and Telecommunication art. 199--- Constitutional petition---Maintainability--- Contractual liability---When a contract is entered into between the State or its instrumentality and a private party, the parties' relationship is no longer governed by Constitutional provisions but by terms of the contract---When State or its instrumentality, purporting to act within the field allotted to it under terms and conditions of a contract, performs an act, the rights and obligations of parties would be ordinarily governed by terms and conditions of the contract---Mere fact that one of the parties to such a contract is the State or its instrumentality does not make a contract amenable to Constitutional jurisdiction. Citation Name: 2025 PLD 130 ISLAMABADBookmark this Case CHINA MOBILE PAKISTAN LIMITED (CMPAK LTD./ZONG) VS FEDERATION OF PAKISTAN through Secretary, Ministry of Information Technology and Telecommunication art. 199---Constitutional petition---Maintainability---Compensation or damages---Recovery---Petition under art. 199 of the Constitution, does not lie for payment of compensation or damages under a contract, against the Government.

CHINA MOBILE PAKISTAN LIMITED (CMPAK LTD./ZONG) vs FEDERATION OF PAKISTAN through Secretary, Ministry of Information Technology and Telecommunication art — 2025 PLD 130 ISLAMABAD

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