ISLAMABAD: The Islamabad High Court sought a comprehensive reply from Pakistan Telecommunication Authority (PTA)'s Chairman on blockage of web-sites and directed him to appear in person on next date of hearing.
A one-judge bench of Justice Athar Minnallah heard the petition filed by local NGO, Bolo Bhi challenging the authority of Inter-Ministerial Committee for Evaluation of Websites (IMCEW) for blockage of websites and pleading the court to declare it unconstitutional.
During the course of proceedings, Babar Sattar apprised the bench that PTA deprived their patrons from latest developments in IT, further more IMCEW blocked some important and informative websites illegally, which was a violation of the consumer's right.
Justice Athar Minnallah remarked that world is looking for latest techniques and information but in Pakistan we are blocking them which are barriers to develop the country.
On bench query, IT representative submitted its reply in compliance with courts earlier orders and apprised the bench that Federal Government, as defined under Section 2(fa) of Pakistan Telecommunication (Re-organization) Act,1996, had been mandated, under Section 8 of the Act, to issue policy directives on matters relating to telecommunications and PTA is to implement the same.
He said that authority protects the rights of its consumers further more interests of the users of telecommunication services were duly safeguarded and protected under section 5, read with section 21 of the Act. And the committee had mandate of blocking.
Subsequently, the bench directed PTA chairman to come up with full relevant record and criteria on which the department blocks websites as its representative failed to satisfy the bench and adjourned the case till January 20.
Earlier, the court while issuing stay order on the petition restrained IMCEW from issuing any order regarding blocking access to websites without the court's permission. The court also issued notices to Secretary Ministry of Information Technology and Chairman Pakistan Telecommunication Authority and sought reply from them on the matter.
Besides, the court directed the Ministry of IT and PTA to submit details of all websites access to which have been blocked in the country. The court also sought minutes of IMCEW meetings in which these decisions were taken, within 15 days.
The petitioner prayed the court to declare the impugned notification and constitution of IMCEW ultra vires to the Constitution, the Telecom Act, the General Clauses Act, the Rules of Business, 1973.
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