| Citation(s) |
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| 2025 SLG 546 2025 SLD 546 = 2025 PLD 69 |
Sindh High Court
Constitutional Petition No. D-482 of 2007, decided on 14th December, 2023.
Before Aqeel Ahmed Abbasi, C.J. and Abdul Mobeen Lakho, J
Abbas Leghari and Nadeem Ahmed for the Petitioner. Badar Alam for
Respondent No.2. Kashif Hanif, Sarmad Ali, Zafar Iqbal Arain and Ms. Shaista Perveen for
Respondent No.3 (PEMRA). Salar Khan for
Respondent No.4 (Frequency Allocation Board) Ali Akbar Sehto, Deputy Director Law PTA. Khaleeq Ahmed, D.A.G.
Constitutional Petition No. D-482 of 2007, decided on 14th December, 2023.
Before Aqeel Ahmed Abbasi, C.J. and Abdul Mobeen Lakho, J
Abbas Leghari and Nadeem Ahmed for the Petitioner. Badar Alam for
Respondent No.2. Kashif Hanif, Sarmad Ali, Zafar Iqbal Arain and Ms. Shaista Perveen for
Respondent No.3 (PEMRA). Salar Khan for
Respondent No.4 (Frequency Allocation Board) Ali Akbar Sehto, Deputy Director Law PTA. Khaleeq Ahmed, D.A.G.
SOUTHERN NETWORK LIMITED through Chief Executive---Petitioner
VERSUS
GOVERNMENT OF PAKISTAN through Secretary, Ministry of Information Islamabad and 3 others---Respondents
Law: Pakistan Telecommunication (Re-organization) Act, 1996
Section: 42
Law: Pakistan Electronic Media Regulatory Authority Rules, 2009
Section: 6,9
Law: General Clauses Act, 1897
Section: 21
Law: Constitution of Pakistan, 1973
Section: 18,199
Pakistan Telecommunication (Re-organization) Act (XVII of 1996)-------S. 42---Pakistan Electronic Media Regulatory Authority Rules, 2009, R. 6--General Clauses Act (X of 1897), S. 21---Constitution of Pakistan, Arts. 18 & 199--Constitutional petition---Right of business and trade---License in perpetuity---Proof---Locus poenitentia, principle of---Applicability---Frequency Allocation Board---Petitioner company was aggrieved of non-renewal of its license of Cable Television Network under MMDS System---Validity---License issued under previous regime was made subject to further renewal and conditions under new law---Claim of petitioner to have a license in perpetuity was falsified---License having expiry could not be termed as license in perpetuity unless there were specific conditions outlined in license agreement or under prevailing law---New Frequency Board under section 42 of Pakistan Telecommunication (Reorganization) Act, 1996, was established, which had undertaken the work of Pakistan Wireless Board established in consonance with Telegraph Act, 1885--License is merely privilege, and it does not mean that licensee acquired any vested right in the subject matter---No one can claim vested rights on ground of locus poenitentia as such legislature/authority which can pass an order, is entitled to vary, amend, add to or to rescind that order---License issued by Government is not in perpetuity, neither licenses can be deemed as license coupled with interest---In enactments revocation grounds are always available---Right to license for any trade or business is always subject to restrictions and qualification, if any, governed by law---Petitioner could approach Pakistan Electronic Media Regulatory Authority under R. 6 of Pakistan Electronic Media Regulatory Authority Rules, 2009 by filing application, for grant of MMDS license to operate broadcast media or distribution service as the case may be, and also approach the Frequency Allocation Board (FAB) for allocation of frequency---High Court directed Pakistan Electronic Media Regulatory Authority that if such applications were filed the same were to be decided in accordance with law at an early date, however, not…
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