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The Accused, although Employees of the Company, did not hold any Positions making them criminally liable u/s 31(6) of the Pakistan Telecommunication Act --- Supreme Court of Pakistan upheld Acquittal Order

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Islamabad 22-03-2025: The Supreme Court of Pakistan, in a recent ruling, dismissed [Criminal Petition No. 667-2019], upholding the Lahore High Court’s decision that had acquitted the accused in a case related to the illegal termination of international traffic.

A bench comprising Mr. Justice Muhammad Hashim Khan Kakar, Mr. Justice Muhammad Shafi Siddiqui, and Mr. Justice Ishtiaq Ibrahim presided over the hearing. The case revolved around allegations of unauthorized bypassing of legal international traffic routes through Wise Communications Pvt. Ltd.

The prosecution alleged that 99704 minutes of communication were illegally terminated on September 29, 2013, using 6055 unique numbers from different operators, including Wise Communications and PTCL. The investigation led to a raid at Wise Communications’ Rawalpindi office, where the accused were found operating an unauthorized gateway exchange.

The Lahore High Court, in its judgment dated 26-02-2019, had upheld the acquittal of the accused, citing the prosecution’s failure to prove the charges beyond a reasonable doubt. The Supreme Court of Pakistan reaffirmed this decision, refusing leave to appeal and concluding that the accused, although employees of the company, did not hold any positions making them criminally liable under Section 31(6) of the Pakistan Telecommunication Act.

With this decision, the Supreme Court of Pakistan has effectively closed the case, emphasizing the importance of conclusive evidence in criminal proceedings related to telecommunication fraud.