| Citation(s) |
|---|
| 2024 SLG 190 2024 SLD 190 2024 PLD 50 |
Sindh High Court
Suit No. 1292 of 2022 and C.M.As. Nos. 11676 (stay), 13142and 13143 of 2022, decided on 3rd March, 2023. Dates ofhearing: 1st December, 2022, 16th January, 6th, 17th and23rd February, 2023.
Before Muhammad Shafi Siddiqui, J
Abid S. Zuberi and Ayan Mustafa Memon along with Ms. Amna Khalili for Plaintiff.Haider Waheed along with Zoha Sirhandi for Defendants Nos.2 to 4.Ms. Mahreen Ibrahim, Assistant Attorney General.PAKI
Suit No. 1292 of 2022 and C.M.As. Nos. 11676 (stay), 13142and 13143 of 2022, decided on 3rd March, 2023. Dates ofhearing: 1st December, 2022, 16th January, 6th, 17th and23rd February, 2023.
Before Muhammad Shafi Siddiqui, J
Abid S. Zuberi and Ayan Mustafa Memon along with Ms. Amna Khalili for Plaintiff.Haider Waheed along with Zoha Sirhandi for Defendants Nos.2 to 4.Ms. Mahreen Ibrahim, Assistant Attorney General.PAKI
ARY COMMUNICATIONS LTD. through Duly Authorized Officer---PlaintiffVersusFEDERATION OF PAKISTAN through Secretary Ministry of Interior, Islamabad and 3 others---Defendants
Law: Pakistan Electronic Media Regulatory Authority (Radio Broadcast Station Operations) Regulations, 2012
Section: 9
(a) Pakistan Electronic Media Regulatory Authority (Television Broadcast Station Operations) Regulations, 2012--- ----Regln. 9---Renewal of license---Security clearance---Federal Government, decision of---Scope---Provision of Regln. 9 of Pakistan Electronic Media Regulatory Authority (Television Broadcast Station Operations) Regulations, 2012 does not provide any space for Pakistan Electronic Media Regulatory Authority (PEMRA) either to ignore or bypass Ministry of Interior's decision; thus it is binding on PEMRA---If such decision is not binding on PEMRA, the provision of Regln. 9 of Pakistan Electronic Media Regulatory Authority (Television Broadcast Station Operations) Regulations, 2012 would have demanded a show cause or a notice to licensee by PEMRA on the event or situation where the security clearance was later refused or cancelled. (b) Constitution of Pakistan--- ----Art. 19---Freedom of speech---Principle---Reasonable restriction imposed by law, does not mean to condemn a person/entity without any justification and without hearing. Pakistan Broadcasters Association and others v. Pakistan Electronic Media Regulatory Authority and others PLD 2016 SC 692 rel. (c) Pakistan Electronic Media Regulatory Authority (Television Broadcast Station Operations) Regulations, 2012--- ----Regln. 9---Decision of Federal Government---Scope---Decision of Ministry, forms a concluded view under Pakistan Electronic Media Regulatory Authority Ordinance, 2002---Aggrieved party should be heard before and if that has not happened, and/or denied, then it constitutes a cause and calls for a consequential remedy---Any cancellation notification, whereby security clearance was denied, is an independent cause and can be challenged independently as right is infringed, in case it is acted upon and given effect by PEMRA without its judicial determination first. (d) Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002)--- ----Ss. 26 & 30-A---Pakistan Electronic Media Regulatory Authority (Television Broadcast Station Operations) Regulations, 2012, Regln. 9---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Specific Relief Act (I of 1877), Ss. 42 &…
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