Law:

Section:

(a) Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002)--- ----Ss. 18, 19, 24(4) & 39---Pakistan Electronic Media Regulatory Authority (TV/Radio Broadcast Operations) Regulations, 2002, Regl.9(5)---Pakistan Electronic Media Regulatory Authority Rules, 2009, R. 8---Constitution of Pakistan, Art. 199---Constitutional petition---Licence for operation of TV Broadcast Station or TV network---Demand of surcharge along with annual licence fee by Authority at time of renewal of licence---Validity---Authority could grant a licence subject to payment of levied fee---Term "surcharge" was not used in Pakistan Electronic Media Regulatory Authority Ordinance, 2002---Authority by virtue of Regln.9(5) of Pakistan Electronic Media Regulatory Authority Regulations, 2002 could impose "surcharge" at specified rate on account of late payment of licence fee or renewal of licence fee, but not at time of renewal of licence---Authority had no constitutional power to levy tax under the Regulations--- High Court accepted constitutional petition and cancelled impugned demand. Province of Sindh v. Messrs Azad Wine shop PLD 2006 SC 528 ref. (b) Words and phrases--- ----"Surcharge"---Definition stated. Wikipedia ref. (c) Constitution of Pakistan--- ----Art. 199---Constitutional petition based on important question of law of general application---Maintainability---Such question could be raised directly before High Court and constitutional petition was maintainable in circumstances. JUDGMENT SYED MUHAMMAD FAROOQ SHAH, J.--- Petitioners, through the instant Constitutional Petition, have sought indulgence of this Court to declare that the PEMRA (TV/Radio Broadcast Operations) Regulations 2002 and in particular Regulation 9(5) thereof, is ultra vires, unlawful, unconstitutional and void ab initio, therefore, respondents cannot demand or collect any amount by way of surcharge on account of late payment of fee under the PEMRA Ordinance. The petitioners have also prayed for refund of surcharge fee, illegally and coercively collected from them. 2. Precisely, relevant facts as narrated in the captioned petition are that petitioner No.1 is a registered association of TV and…

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