Law: Pakistan Electronic Media Regulatory Authority Ordinance, 2002

Section: 25,32

(a) Interpretation of statutes--- ----Delegated legislation---Scope---(i) Delegated legislation must be within the permissible limits of parent statute; (ii) It must not travel beyond the mandate of parent statute; (iii) It must not be in excess of jurisdiction conferred by the parent statute; (iv) It must not be in conflict with parent statute or the Constitution; and (v) while framing rules / regulations in exercise of authority conferred by parent statute, the rules / regulations framing authority should not assume role of Parliament and attempt to amend provisions of parent statute through delegated legislation. Lahore Development Authority through D.G. and others v. Ms. Imrana Tiwana and others 2015 SCMR 1739; Khawaja Ahmad Hassan v. Government of Punjab and others 2005 SCMR 186; Farrukh Raza Sheikh v. The Appellate Tribunal Inland Revenue and others 2022 SCMR 1787; Zarai Taraqiati Bank Limited and others v. Said Rehman and others 2013 SCMR 642; Suo Motu Case No.11/2011, in the matter of National Police Foundation Land PLD 2014 SC 389 and Mian Zaiuddin v. Punjab Local Government and others 1985 SCMR 365 rel. (b) Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002)--- ----Ss. 25 & 32---Direct to Home (DTH) Distribution Service Licensing Regulations, 2016, Reglns. 2.5 & 7---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Vires of law---Petitioner was Pakistan Broadcasting Association and assailed vires of Reglns. 2.5 & 7 of Direct to Home (DTH) Distribution Service Licensing Regulations, 2016, being ultra vires to Pakistan Electronic Media Regulatory Authority Ordinance, 2002---Validity---Provision of Regln. 2.5 of Direct to Home (DTH) Distribution Service Licensing Regulations, 2016, to the extent of allowing companies controlled or managed by foreign nationals / companies to apply for grant of license was framed beyond the permissible statutory mandate and was transgression of delegated authority---High Court struck down the provisions of Regln. 2.5 of Direct to Home (DTH) Distribution Service Licensing Regulations, 2016, as words 'with or' used after words 'if any' and before 'without' therein were in…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492