Humayun Khan
PESHAWAR: The two-member bench of Peshawar High Court comprising of Justice Rooh-ul-Amin and Justice Sahibzada Asadullah restrained Zong cellular company from operating network tower in Defense Officer Colony, on Tuesday.
Peshawar High Court has granted status quo order by refraining Zong from constructing and operating its cell tower in Defense officers colony, Peshawar
The writ petition filed by Dr. Khalid, a resident of defense colony Peshawar who have moved court the against installation of network cell tower in defense officers colony park, Peshawar which is next to his house.
The counsel for petitioner Saifullah Muhib Kakakhel Advocate argued that these network cellular towers transmits microwaves and other hazardous emissions are made therefrom which are dangerous to living beings and can cause issues like cancer, headaches, dizziness etc.
The respondents in the writ petition are Pakistan Telecommunication Authority (PTA), Environmental Protection Agency, Zong and Cantonment board of Peshawar.
The lawyer argued that these emissions and the setup of a Cell tower will disturb the serenity of one of the few remaining parks of Peshawar due to its harmful impact on humans and plants along with the noise pollution of the generator and machinery of these towers.
The lawyer argued that there are international guidelines issued by International Commission on Non-Ionizing Radiation Protection (ICNIRP) in 1998 for installation of cell towers and in furtherance of those Guidelines are issued nationally which both says that the Cell Towers be placed in safe distance (specified in the guidelines) from residential houses, public places and schools.
The lawyer argued that in a letter issued by environmental protection agency to Pakistan Telecommunication Authority (PTA), it is said that the EPA does not have the equipment to measure/ assess the radiation’s therefore PTA is illegally given that task as well for which it is incompetent.
The lawyer argued that the installation of Cell Towers in the park will not only harm the residents like petitioner but anyone who use the facilities of the park.
The lawyer argued that the installation of cell tower in defense, Peshawar is illegal and the concerned respondents be restrained from installing cell towers in residential area, parks, near schools and hospitals in whole Khyber Pakhtunkhwa by strict compliance with the international and national guidelines.
The division bench after hearing arguments of counsel for petitioner granted stay by restraining Zong from operating/making functional the cell tower installed in defense officers colony.
