Islamabad High Court halts government move to block phone SIMs of non-tax filers

Men use their mobile phones as they walk alongside a railway track in Rawalpindi on January 23, 2021. (REUTERS/File)
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Updated 14 May 2024
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Islamabad High Court halts government move to block phone SIMs of non-tax filers

  • Pakistan’s tax collection body asked the country’s telecom authority to block over half a million SIMs last month
  • The court issued a stay order until May 27 after a telecom firm challenged the decision and called it unconstitutional

ISLAMABAD: A Pakistani court on Tuesday issued a stay order against a government directive to block cellphone SIMs of users who did not file their tax returns in 2023, as the lawyer of a telecom company argued the decision was taken in violation of the constitution.

Last month, the Federal Board of Revenue (FBR), the country’s tax collection body, ordered the Pakistan Telecommunication Authority (PTA) to block over half a million SIMs belonging to people required to file taxes but who were not appearing on the active taxpayers’ list.

However, telecom companies were reluctant to implement the directives affecting so many subscribers, prompting the PTA to urge the FBR to revisit its directive.

The discussion continued until the telecom companies decided last Friday to initiate a manual process of disabling the SIMs in small batches. It was widely reported in the local media on Tuesday the Islamabad High Court (IHC) had stayed the implementation of the cellphone blockage until May 27.

“Blocking more than 500,000 SIMs will result in a loss of Rs1 billion annually,” Advocate Salman Akram Raja was quoted as saying by Pakistan’s Geo News channel.

Raja, who was representing Zong, told the court the decision taken by the government was in violation to Article 18 of the constitution, which guaranteed freedom of trade, business and profession.

Pakistan has traditionally faced the challenge of convincing people to file tax returns, but the government has now decided to implement stringent measures to address the problem, particularly in the context of negotiations for a new International Monetary Fund (IMF) loan program.

The IMF has urged Pakistan in the past to enhance revenue collection from non-filers as part of broader economic reforms to support social and development initiatives.

In response, the FBR is taking steps like blocking the SIM cards and considering other punitive measures to enforce tax compliance and widen the tax net.


Pakistan court sentences rights lawyer Imaan Mazari and husband to 17 years over social media posts

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Pakistan court sentences rights lawyer Imaan Mazari and husband to 17 years over social media posts

  • Court says posts crossed ‘permissible boundary of dissent,’ convicts under multiple PECA sections
  • The ruling against the two draws a line between protected dissent and unlawful ‘anti-state narrative’

ISLAMABAD: A Pakistani court on Saturday sentenced human rights lawyer Imaan Zainab Mazari-Hazir and her husband, Hadi Ali Chattha, to a cumulative 17 years in prison over social media posts, ruling that their online activity crossed the lawful limits of dissent and amounted to an “anti-state narrative” under the country’s cybercrime law.

The ruling follows the couple’s arrest a day earlier while they were on their way to a court appearance, after which they were remanded to two weeks in judicial custody. Authorities had accused Mazari-Hazir and Chattha of violating the Prevention of Electronic Crimes Act (PECA) over posts on X that they said incited ethnic divisions and portrayed the military as being involved in “terrorism,” allegations both have consistently denied.

In a written verdict, Additional District and Sessions Judge Muhammad Afzal Majoka said the prosecution had proved its case against both defendants under Sections 9, 10 and 26-A of the Prevention of Electronic Crimes Act (PECA), while acquitting them of a separate hate-speech charge.

“The accused persons crossed the permissible boundaries under the law by their tweets, re-tweets and posts; thus, has committed the offense under section 9/10/26-A of PECA,” the court order said.

The court imposed five years’ rigorous imprisonment each under Section 9, 10 years under Section 10, and two years under Section 26-A, to be served cumulatively, alongside fines totaling Rs 36 million ($129,000) per person.

Benefit of time already spent in custody under Section 382-B of the Criminal Procedure Code was granted, the order said.

The court order also mentioned the social media posts, with the judge saying they included characterizations of Pakistan as a “terrorist state,” claims that detentions under the anti-terror law were illegal, praise for proscribed groups or individuals and allegations of judicial bias.

Such narratives, the order said, can erode “public confidence in core state institutions,” and courts distinguish protected dissent from anti-state speech by examining “intent, content, context, and foreseeable impact.”

While emphasizing that robust criticism was a feature of democracy, the court held that restrictions were justified when expression “crosses the permissible boundary of dissent and enters the domain of subversion, destabilization, or incitement against the State itself.”

Earlier on Saturday, Mazari-Hazir and Chattha appeared briefly via video link before boycotting the proceedings, alleging mistreatment in custody, according to local media reports.

The couple face multiple cases linked to protests and online speech, which rights groups and bar associations have criticized as part of a broader crackdown on critics, a claim the government denies.

“As you sow, so shall you reap,” Attaullah Tarar, Pakistan’s information minister, said in a post on X after the verdict, describing it as “the first official and final outcome under PECA.”

“One should fear God,” he added.