Mian Shafaqat Jan is an Advocate of the Supreme Court of Pakistan and is a specialist litigator. His legal practice focuses primarily on civil and criminal litigation, as well as arbitration. He has also been enrolled as a Senior Advocate of the Supreme Appellate Court, Gilgit Baltistan.
Shafaqat has a strong background in telecommunication law and has previously worked as Director (Litigation & Adjudication) for many years in the Pakistan Telecommunication Authority (PTA). He was also appointed as the Deputy Attorney General of Pakistan and represented the Federal Government before the Islamabad High Court in a large number of cases.
Since joining Khan & Muezzin, he has advised and represented a number of government bodies, corporations, multinational companies and individuals in contentious matters and represented clients before all judicial forums of the country. He has conducted hundreds of cases comprising all forms of litigation proceedings before the Supreme Court of Pakistan, the High Courts and the District Courts of the country. He has also been involved in a number of arbitrations conducted under the Arbitration Act, 1940 and the Rules of the International Chamber of Commerce (ICC), both within and outside Pakistan.
As an expert in telecommunication laws of Pakistan, Shafaqat has provided legal advice to a number of telecom operators on regulatory issues arising out of their operations in Pakistan. Furthermore, Shafaqat has also rendered advice to foreign companies on telecom laws. In particular, he was recently appointed as an expert witness on Pakistan telecom regulatory issues and recorded evidence before the Commercial High Court, London, UK, in a telecommunication dispute between an international satellite operator and a UAE based service provider.
Shafaqat enjoys playing golf, reading, travelling and spending time with his family.
- Represented the Pakistan Telecommunication Authority (PTA) in the Supreme Court of Pakistan against all the cellular mobile operators of the country on the legality of the prize schemes offered by the said operators.
- Represented PTA in the Supreme Court on the issue of sharing of data of mobile users with law enforcement agencies.
- Represented PTA in the Supreme Court in the matter pertaining to availability of blasphemous and obscene material on www.youtube.com in Pakistan.
- Represented an LDI licensee of Azad Jammu & Kashmir in the Supreme Court, as well as in the High Court, on the issue of application of the APC for USF regime to the said licensee in the AJK territory.
- Represented a cellular mobile operator in the Supreme Court against the ban on issuance / usage of more than five mobile phone SIMs against one CNIC.
- Represented a cellular mobile operator in the High Court against PTA’s suspension of cellular mobile service notices, being issued on various occasions.
- Represented PTA in the Supreme Court in the matter pertaining to the formation and ultimate abolition of the International Clearing House (ICH).
- Advised and represented PTA in various courts on the issues pertaining to transfer of a telecom licence from one company to another and change of management of a licensee.
- Represented PTA in the Supreme Court in a matter pertaining to the calculation of the Access Promotion Contribution for the Universal Service Fund.
- Represented PTA in the High Court in the matter pertaining to PTA’s compliance of the instructions issued by the office of the Auditor General of Pakistan and the Public Accounts Committees.
- Represented PTA in the High Court as well as in the Supreme Court in a number of cases pertaining to PTA’s service matters/employees’/HR issues.
- During his time as Director (Litigation & Adjudication) at PTA, Shafaqat managed and supervised the entire litigation (court cases) of PTA, of all nature and before every forum i.e. from the court of first instance to the Supreme Court of Pakistan. He was responsible for developing strategies for managing court cases, drafting necessary pleadings in this regard and also representing the PTA before the courts through legal counsels and also appearing personally, whenever required.
- He also conducted and looked after the internal adjudication of the PTA i.e. the cases/complaints/appeals which were heard and decided by the PTA in exercise of its quasi judicial functions under the Pakistan Telecommunication (Re-organization) Act, 1996 and issue determinations/enforcement orders. Shafaqat heard cases and passed orders under section 23 of the said act. He also prepared pre-hearing briefs for the Chairman and other Members of PTA on the issues that were being adjudicated by them, along with post-hearing summaries for the enforcement orders to be passed by PTA.
- Shafaqat also assisted and gave opinions to PTA, and its various departments, on regulatory policies and competition and on legal issues arising in the performance of the functions and day to day workings of PTA. He also looked after the legislative drafting of PTA, by framing regulations under the Telecom Act, drafting regulations whenever required, interpreting regulations and advising PTA on any amendment/modification/alteration or repealing of regulations, etc.
- Represented the Pakistan Telecommunication Authority (PTA) in the Supreme Court of Pakistan against all the cellular mobile operators of the country on the legality of the prize schemes offered by the said operators.
- Represented PTA in the Supreme Court on the issue of sharing of data of mobile users with law enforcement agencies.
- Represented PTA in the Supreme Court in the matter pertaining to availability of blasphemous and obscene material on www.youtube.com in Pakistan.
- Represented an LDI licensee of Azad Jammu & Kashmir in the Supreme Court, as well as in the High Court, on the issue of application of the APC for USF regime to the said licensee in the AJK territory.
- Represented a cellular mobile operator in the Supreme Court against the ban on issuance / usage of more than five mobile phone SIMs against one CNIC.
- Represented a cellular mobile operator in the High Court against PTA’s suspension of cellular mobile service notices, being issued on various occasions.
- Represented PTA in the Supreme Court in the matter pertaining to the formation and ultimate abolition of the International Clearing House (ICH).
- Advised and represented PTA in various courts on the issues pertaining to transfer of a telecom licence from one company to another and change of management of a licensee.
- Represented PTA in the Supreme Court in a matter pertaining to the calculation of the Access Promotion Contribution for the Universal Service Fund.
- Represented PTA in the High Court in the matter pertaining to PTA’s compliance of the instructions issued by the office of the Auditor General of Pakistan and the Public Accounts Committees.
- Represented PTA in the High Court as well as in the Supreme Court in a number of cases pertaining to PTA’s service matters/employees’/HR issues.
- During his time as Director (Litigation & Adjudication) at PTA, Shafaqat managed and supervised the entire litigation (court cases) of PTA, of all nature and before every forum i.e. from the court of first instance to the Supreme Court of Pakistan. He was responsible for developing strategies for managing court cases, drafting necessary pleadings in this regard and also representing the PTA before the courts through legal counsels and also appearing personally, whenever required.
- He also conducted and looked after the internal adjudication of the PTA i.e. the cases/complaints/appeals which were heard and decided by the PTA in exercise of its quasi judicial functions under the Pakistan Telecommunication (Re-organization) Act, 1996 and issue determinations/enforcement orders. Shafaqat heard cases and passed orders under section 23 of the said act. He also prepared pre-hearing briefs for the Chairman and other Members of PTA on the issues that were being adjudicated by them, along with post-hearing summaries for the enforcement orders to be passed by PTA.
- Shafaqat also assisted and gave opinions to PTA, and its various departments, on regulatory policies and competition and on legal issues arising in the performance of the functions and day to day workings of PTA. He also looked after the legislative drafting of PTA, by framing regulations under the Telecom Act, drafting regulations whenever required, interpreting regulations and advising PTA on any amendment/modification/alteration or repealing of regulations, etc. TAB 2: Litigation & Arbitration Experience
- Shafaqat has represented clients in hundreds of cases (civil and criminal litigation) before various judicial and quasi-judicial forums, including the Supreme Court, Lahore High Court, Islamabad High Court, Peshawar High Court, Federal Shariat Court, District Courts, Commercial Court, Lahore, and the Federal Service Tribunal, amongst other special courts.
- Shafaqat has also conducted several arbitration proceedings for various clients, including the National Highway Authority (NHA) and the Aircrafts Manufacturing Factory (AMF), Pakistan Aeronautical Complex, Kamra.
