Case Details

Citation(s)
2020 SLG 2213 2020 SLD 2213 2020 YLR 2113
Sindh High Court
High Court Appeal No. 199 and C.M.As. Nos. 1511 to 1513 of 2019, decision Dated: 30-04-2019.
IRFAN SAADAT KHAN, JUSTICE MRS. KAUSAR SULTANA HUSSAIN, JUSTICE
Mohamed Vawda for Appellant.

JAAG BROADCASTING SYSTEMS (PRIVATE) LIMITED THROUGH DULY AUTHORIZED PERSON

VS

KHAWAJA SHAMS-ULISLAM, ADVOCATE AND 7 OTHERS

Law: Code of Civil Procedure (Amendment) Ordinance, (X of 1980)

Section: 15

Code of Civil Procedure (Amend-ment) Ordinance (X of 1980)--- ----S. 15---High Court appeal---Interim order passed by Single Judge of High Court---Pending appeal proceedings, defendants, television channels, were aggrieved of ad-interim injunction issued by Single Judge of High Court and moved High Court appeal under S.15 of Code of Civil Procedure (Amendment) Ordinance, 1980---Validity--- Question as to whether some derogatory or negative remarks were used and aired by defendants against plaintiff and whether the same were violative of Arts. 4, 9, 14, 18, 23 & 24 of the Constitution and Pakistan Electronic Medial Regulatory Authority Rules, 2002, thereunder and Code of Conduct for Media Broadcasters or Cable TV Operators could only be dilated upon by the Single Judge before whom the matter was sub judice---Division Bench of High Court directed the parties to appear before Single Judge of High Court, on the date fixed--- High Court appeal was disposed of accordingly. Nestle Milkpak Limited v. Classic Needs Pakistan (Pvt.) Ltd. and 3 others 2006 SCMR 21 rel. ORDER 1. Urgency granted. 2-4. This High Court Appeal has been filed against the interim order dated 15.04.2019 passed by the learned Single Judge in Suit No.675 of 2019. A Suit bearing No.675 of 2019 has been filed by the present respondent No.1 against the appellant and the respondents Nos.2 to 8 for declaration, injunction, direction and damages of Rs.500 million and not to portray and air a negative picture of the respondent No.1 in their respective channels, as the same, according to the plaintiff in the said suit, is violative of Articles 4, 9, 14, 18, 23, 24 of the Constitution of Islamic Republic of Pakistan, 1973 (the Constitution), as well as violative of PEMRA, Ordinance, 2002; PEMRA Rules, 2009, and Code of Conduct for Media Broadcasters or Cable TV Operators Programmes as defined in 'Schedule A' of the PEMRA Rules along with an application under Order XXXIX, Rules 1 and 2 C.P.C. bearing C.M.A. No.5938 of 2019. The matter with regard to the application under Order XXXIX, Rules 1 and 2, C.P.C. (C.M.A. No.5938 of 2019) proceeded before the learned Single Judge who by issuing notice to the…
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