Law: Pakistan Electronic Media Regulatory Authority Ordinance, 2002

Section: 28,30,33

Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002)----Ss. 28, 30 & 33--- Constitution of Pakistan, Art.199---Constitutional petition---Cable operator licence---Position of channel---Factual controversy---Petitioner was a television broadcasting company and sought suspension of licence of cable operator on the plea that it had changed the position of petitioner's channel---Validity---Disputed averments were made from the parties which could not be examined or resolved by High Court while exercising its constitutional jurisdiction under Art.199 of the Constitution without recording evidence---After restoration of licence of petitioner by Pakistan Electronic Media Regulatory Authority, transmission of broadcast of its TV channels was resumed by 98% of cable operators in the Province, whereas, Pakistan Electronic Media Regulatory Authority had already issued notices to such delinquent cable operators in accordance with law---High Court directed the petitioner to pursue its remedy which it had already availed by filing complaints and could also file fresh applications before Pakistan Electronic Media Regulatory Authority by specifying the names of such cable operators who were violating law and creating hindrance and obstruction in smooth transmission of channels---High Court further directed Pakistan Electronic Media Regulatory Authority to decide all such applications filed by petitioner through reasoned order expeditiously after hearing all concerned parties---Petition was disposed of accordingly. Dr. Shahid Masood v. Federation of Pakistan 2010 SCMR 1849; Human Rights Commission of Pakistan and 2 others v. Government of Pakistan and others PLD 2009 SC 507; The State and others v. Director General PIA and others PLD 2010 Lah. 23; Salahuddin and 2 others v. Frontier Sugar Mills and Distillery Ltd. Takht Bhai and 10 others PLD 1975 SC 244; Pakistan Red Crescent Society and another v. Syed Nazi Gillani PLD 2005 SC 806 and Abdul Wahab and others v. HBL and others 2013 SCMR 1383 ref. JUDGMENT AQEEL AHMED ABBASI, J.--Since a common controversy has been agitated through above petitions the same are being disposed of through common judgment by…

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