Mohsin Siddiqui (Chief Reporter)
The caretaker government has taken a significant step by promulgating the Telecommunication Appellate Tribunal Ordinance 2023, addressing a longstanding demand in the telecom sector. Federal Minister for Information Technology and Telecom, Omar Saif, shared the development, highlighting the establishment of an appellate tribunal dedicated to the telecom industry. Saif emphasized the tribunal’s commitment to providing decisions within a swift 90-day timeframe.
Key provisions of the ordinance state that any person dissatisfied with the tribunal’s order has a 60-day window to appeal to the Supreme Court. The gazetted notification issued by the government also underscores that legal proceedings against the tribunal’s orders fall exclusively within its jurisdiction, barring civil courts from intervening.
The Tribunal, mandated to exercise jurisdiction under this Act and the Prevention of Electronic Crimes Act, 2016, comprises three members. The chairperson must be a high court judge or an advocate with at least 15 years of active practice. Additionally, members with expertise in relevant fields, such as electrical engineering and finance, will contribute to the tribunal’s functioning.
Appointments to the Tribunal, including the chairperson and members, will be made by the Federal Government. Their tenure is four years, with eligibility for reappointment. However, they will cease to hold office upon reaching the age of sixty-eight or upon the term’s expiry unless renewed.
The Tribunal is granted powers similar to a civil court, including summoning individuals, examining under oath, requiring document production, and issuing commissions for witness examination. Conflicts of interest must be disclosed promptly.
The ordinance also addresses matters such as the remuneration of the chairperson and members, resignation procedures, and rules for the Tribunal’s practice and procedure. All pending appeals under the Tribunal’s jurisdiction in High Courts will be transferred to the Tribunal.
