Key Points
- Property rights concerns centre on constitutional protections
- PM forms panel to examine disputed right-of-way clauses
- Bill still requires Senate approval and presidential assent
ISLAMABAD: Pakistan’s government has ordered a fresh review of a controversial telecommunications bill after lawmakers from across the political spectrum raised concerns that its provisions could undermine constitutional protections for private property.
Prime Minister Shehbaz Sharif has constituted a high-level committee headed by Law Minister Azam Nazeer Tarar to examine disputed provisions of the Pakistan Telecommunication (Re-Organization) (Amendment) Bill, 2026.
The Committee would, particularly, review clauses relating to telecom operators’ right of way for installing infrastructure on public and private land without even the consent of the owner, with unilateral terms and conditions.
The PM constituted the Committee after the National Assembly had already passed the bill.
The legislation getting halfway through prompted the Senate Standing Committee on Information Technology and Telecommunication to secure a 45-day review period.
The Senate Committee is to scrutinise the legislation after identifying what lawmakers described as serious legal and constitutional concerns.
Although the bill has already been passed by the National Assembly, it has not yet become law.
It must still secure approval from the Senate before being sent to President Asif Ali Zardari for assent.
The emerging controversy has exposed divisions within the ruling coalition itself.
Several lawmakers from the Pakistan Peoples Party (PPP), a major coalition partner of Sharif’s government and the party of President Zardari, have publicly voiced objections to controversial provisions of the bill.
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Senator Palwasha Khan, the PPP chairperson of the Senate Standing Committee on IT and Telecom, has been among the most vocal critics.
She argues that parts of the legislation conflict with Articles 23 and 24 of Pakistan’s Constitution, which guarantee citizens’ rights to acquire, hold and enjoy property and protect them from unlawful deprivation of property.
At the centre of the dispute is a provision under which a property owner’s failure to respond to two official notices would be treated as “implied consent” for the installation of telecommunications infrastructure.
Critics say the clause effectively shifts the burden onto property owners and could allow telecom operators to proceed with projects without obtaining explicit approval from the land or the property owner.
Telecom infrastructure expansion
The proposed legislation also seeks to expand telecom operators’ right-of-way powers by simplifying access procedures for fibre-optic networks, cell-towers and other communications infrastructure.
Industry representatives have long argued that delays caused by local authorities, government agencies and private housing societies have slowed broadband expansion and increased costs.
However, opponents contend that the bill’s language is excessively broad and could allow telecom operators to bypass local regulations, housing society rules and zoning restrictions, with limited legal recourse available to affected property owners.
Lawmakers have also raised concerns over penalties contained in the draft legislation.
According to Senate committee members, the bill would allow fines of up to Rs 50 million for obstructing telecommunications infrastructure projects under certain circumstances.
Senator Khan has warned that the definitions contained in the draft are broad enough to allow private operators to classify a wide range of installations as telecommunications equipment, potentially expanding access rights beyond the spirit of legislation.
Government officials reject suggestions that the bill authorises forced occupation of private property.
Information Technology Minister Shaza Fatima Khawaja has said the objective is to remove barriers to network expansion and improve internet access. The government considers internet penetration as essential for economic growth and digital inclusion.
She has also indicated that the government is prepared to amend provisions that have generated concerns among lawmakers and the public.
The committee constituted by the prime minister includes Tarar, Shaza Fatima, Economic Affairs Minister Ahad Cheema, Attorney General Mansoor Usman Awan, Senator Sherry Rehman and technical experts.
It will review right-of-way provisions, issues relating to private property and housing societies, and submit recommendations to the government.
The dispute highlights the challenge facing Pakistan as it seeks to accelerate digital infrastructure development without triggering constitutional disputes over property rights.
Pakistan’s telecommunications sector serves more than 200 million mobile and fixed-line connections, but industry officials say fibre penetration remains significantly below regional benchmarks.
The outcome of the Senate’s 45-day review and the government’s parallel committee process is likely to determine whether the legislation advances in its current form or undergoes substantial amendments before returning to Parliament for further consideration.
