Did you know that the Islamabad High Court declared Shutdown of Internet and Mobile Signals as Illegal?
Here is the amazing story of the case which was argued, back in 2018 by Digital Law expert, Barrister Umer Ijaz Gilani of Law and Policy Chambers.
The case was triggered by intermittent, week-long shutdowns carried out in Islamabad around 23rd March, 2016. A number of courageous civil society members stepped forth to challenge it. Umer Ijaz Gilani Advocate High Courts argued the case, focusing on S. 54(3) of Pakistan Telecommunications Reorganization Act, 1996.
Initially, the Court was reluctant. But after two years of relentless public advocacy, which is the hallmark of Law and Policy Chambers, the Court granted the petition.
The judgment, authored by Mr. Justice Ather Minallah was celebrated not only in the national press but globally and remains displayed on Columbia University’s website.
Eventually, it was struck down on Appeal by a bench of the Supreme Court of Pakistan headed by Justice Umar Ata Bandial. The Supreme Court, perhaps because it was not well assisted, simply failed to appreciate the meaning of S. 54(3) and also remainder oblivious towards the emerging right of access to internet and telecom which is a logical corollary of rights already enumerated in the Constitution of the Islamic Republic of Pakistan.
