| Citation(s) |
|---|
| 2022 SLG 1644 2022 SLD 1644 2022 PLJ 800 |
Lahore High Court, Multan Bench, Multan
F.A.O. No. 56 of 2015, heard on 27.6.2022.
ABID HUSSAIN CHATTHA, J.
Mr. Kanwar Intizar Muhammad Khan, Advocate for Appellants. Mr. Nadeem Ahmad Tarar, Advocate for
Respondents No. 1 to 3 5. Syed Jaffar Tayyar Bukhari, Advocate for
Respondent No. 4.
F.A.O. No. 56 of 2015, heard on 27.6.2022.
ABID HUSSAIN CHATTHA, J.
Mr. Kanwar Intizar Muhammad Khan, Advocate for Appellants. Mr. Nadeem Ahmad Tarar, Advocate for
Respondents No. 1 to 3 5. Syed Jaffar Tayyar Bukhari, Advocate for
Respondent No. 4.
M/S. DON CABLE TV NETWORK and 4 others--Appellants
VS
REGIONAL GENERAL MANAGER (PEMPRA) and 4 others
Law:
Section:
Pakistan Media Regulatory Authority Ordinance, 2002 (II of 2002)-- ----S. 31-A--PEMRA (Distribution, Service Operations) Regulations, 2011, Regln. 28(2)(29)--Initially grant of licence--Time to time renewal--Non-deposited of dues--Validity of licence--Vested right--No patent illegality is discovered in terms of licence--Appellants have no vested right to question lawful authority conferred upon PEMRA to grant licence--Appellants have failed to show any breach of law which may require any interference by this Court in lawful exercise of discretion and authority vested with PEMRA under PEMRA Ordinance--Appeal dismissed. JUDGMENT This Appeal is preferred under Section 30-A of Pakistan Electronic Media Regulatory Authority Ordinance, 2002 (the “PEMRA Ordinance”) read with Rule 28(2) of PEMRA (Distribution Service Operations), Regulations 2011 against the Order of renewal of licence of Respondent No. 2 issued on 16.03.2015 (received on 9.4.2015 in favour of Respondent No. 4). 2. Precisely, the Appellants are cable network operators distribution service operators holding valid licences issued by Respondent No. 2 (PEMRA) with respect to their defined territorial limits. Respondent No. 4 on 22.5.2006 got the licence from PEMRA as loop holder of M/s. Sky Vision International Cable Network, Multan (Appellant No. 2) which was renewed on 22.5.2011 and 16.3.2015, respectively. However, Respondent No. 2 while renewing the licence as loop holder also allowed Respondent No. 4 to maintain and operate terrestrial cable television transmission system for the area of Rana Street, SabzaZar Colony and Khan Village, Multan. It was agitated by the Appellants that the grant of licence under the garb of renewal is illegal and without lawful authority. 3. Learned counsel for the Appellants submitted that Rule 2(o) of Pakistan Electronic Media Regulatory Authority Rules, 2009 (the “PEMRA Rules”) defines loop holder as a person who obtains signals from distribution service operator and further distributes to multiple scribers without inserting any further programs or advertisement. Respondent No. 4 obtained the licence as loop holder and received signals from Appellant No. 2 who in…
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