Law: Pakistan Electronic Media Regulatory Authority Ordinance, 2002

Section: 13,29,30,30-A

Law: Constitution of Pakistan, 1973

Section: 19,19-A

(a) Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002)--- ----S.13 [as amended by Pakistan Electronic Media Regulatory Authority (Amendment) Act (II of 2007)]---Delegation of power---Word suspend---Scope---Legislature omitted word suspend making its intent lucid that such power could be delegated, leaving no ambiguity---Such delegation cannot be termed as quasi-judicial or non-delegable. (b) Constitution of Pakistan--- ----Arts. 19,19-A---Freedom of speech, expression and information---Principle---Constitution while guarantee freedom of speech also put some restraints over such right which has been clearly articulated in it which also include but not limited to contempt of Court---Similarly rights enshrined through Art. 19-A of the Constitution, regarding access to information in all matters of public importance are also subject to regulations and reasonable restrictions imposed by law---Such restrictions and certain enactments are neither uncommon nor distinctive from rest of the world. (c) Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002)--- ----Ss. 13, 29, 30, 30-A [as amended by Pakistan Electronic Media Regulatory Authority (Amendment) Act (II of 2007)]---Appeal---Delegation of power---Proof---Imposing of fine---Appellant company was engaged in television broadcasting and Pakistan Electronic Media Regulatory Authority suspended its broadcast for thirty days with imposing of fine of Rupees One Million for airing content leveling personal allegations against higher judiciary---Plea raised by appellant was that the punishment was imposed without hearing the appellant and without having any authority delegated to Chairman Pakistan Electronic Media Regulatory Authority---Validity---Decision of suspension of broadcast passed by Chairman Pakistan Electronic Media Regulatory Authority under S.30(1) of Pakistan Electronic Media Regulatory Authority Ordinance, 2002, in exercise of delegation of authority vested in him under S.13 of Pakistan Electronic Media Regulatory Authority Ordinance, 2002---High Court set aside the order passed by the Authority suspending broadcast in the wake of absence of rules as necessitated in…

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