Law: Pakistan Electronic Media Regulatory Authority Ordinance (PEMRA), 2002

Section: 30(d)29

Law: Constitution of Pakistan, 1973

Section:

(a) Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002)-------S. 30(d)---Pakistan Electronic Media Regulatory Authority Rules, 2009, R.7(d)---Constitution of Pakistan, Art. 199---Constitutional petition---License, suspension of---Security clearance---After change of ownership, the license issued in favour of petitioner company was suspended due to non-availability of security clearance---Plea raised by petitioner was that once security clearance was obtained, there was no requirement under Pakistan Electronic Media Regulatory Authority Ordinance, 2002, or Pakistan Electronic Media Regulatory Authority Rules. 2009, for obtaining fresh security clearance---Validity---Law contemplated security clearance of the management and not of the company as company was a fictitious person run by its management---On every change in shareholding of a company, the investment of existing management was taken out and new management had made investment and at such juncture, the Authority had to ensure security clearance of new management in order to find out as to whether, the funds so invested in the company as well as in payment to outgoing directors, were not funded or sponsored by a foreign government or organization---High Court directed Federal Government to process security clearance as per practice in vogue and once issue of security clearance was finalized either way the Authority would proceed in accordance with law---Petition was allowed accordingly.Arshad Mehmood v. Government of Pakistan PLD 2005 SC 193; Independent Music Group SMC (Pvt.) Ltd. v. Federation of Pakistan and others PLD 2011 SC 805; case Regarding pensionary benefits of the Judges of Superior Courts PLD 2013 SC 829; M/s. Pakistan International Airlines Corporation v. Board of Trustees, Employees Old Age Benefits Institution and another 2004 PLC 255; Pak Telecom Mobile Limited v. Pakistan Telecommunication Authority, Islamabad PLD 2014 SC 478 and Dossani Travels (Pvt.) Ltd. v. Travels Shop (Pvt.) Ltd. PLD 2014 SC 1 ref.(b) Constitution of Pakistan-------Art. 29---Word 'policy'---Connotation---Main attribute of policy is that the same is across the board and for all who are similarly…