Law: Pakistan Electronic Media Regulatory Authority Ordinance, 2002

Section: 22,39(1)

Law: Pakistan Electronic Media Regulatory Authority Rules, 2002

Section: R.11

Law: Constitution of Pakistan, 1973

Section: 4,25

(a) Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002)--- ----S. 22---Constitution of Pakistan, Art. 4 ---Licence to broadcast or operate---Duration for consideration of the application for a licence---Nature and scope of S. 22 of the Pakistan Electronic Media Regulatory Authority Ordinance, 2002---Duration of one hundred days prescribed by S.22 of the Pakistan Electronic Media Regulatory Authority Ordinance, 2002---Fundamental Right to be dealt in accordance with law---Scope---Question before the High Court was whether the Pakistan Electronic Media Regulatory Authority ("PEMRA") , in absence of any penal provisions for non-compliance under S.22 of the Pakistan Electronic Media Regulatory Authority Ordinance, 2002, could delay decision on applications for licence to broadcast beyond the prescribed period of one hundred days---Held, that provision of no penal consequences did not simpliciter mean that an application for licence to broadcast could be kept pending at the rest and leisure of PEMRA beyond the prescribed period of one hundred days---Consideration of an application for licence to broadcast was an onerous duty placed by law on PEMRA and same should be discharged in fair and transparent manner---Delay beyond hundred days in considering application for licence to broadcast frustrates the whole purpose and scheme of the law---Such delay of a number of years from the time applications for licence to broadcast were filed, showed that PEMRA was not discharging its functions in accordance with law and there existed lack of transparency in its affairs---Applicants who filed an application for licence to broadcast under S.22 of Pakistan Electronic Media Regulatory Authority Ordinance, 2002 had acquired a right to be dealt in accordance with law as envisaged in Art. 4 of the Constitution---PEMRA was therefore required to discharge its functions under statutory provisions and it ought to reject or accept the applications for licence to broadcast within the prescribed period of one hundred days. PLD 2011 SC 805 rel. (b) Constitution of Pakistan--- ----Arts. 25 & 4---Fundamental right for equal treatment and right to be dealt in accordance…

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