| Citation(s) |
|---|
| 2025 SLG 1721 2025 SLD 1721 |
ICA No.198 of 2023 ICA No.352 of 2023
MUHAMMAD ASIF ACTING CHIEF JUSTICE
Date of hearing Appellants by:
Respondents: 19.05.2025 Barrister Muhammad Mumtaz, Advocate with Tahir Farooq DG Law, Mohsin Hameed DG Regulations, Rohail Ashraf, Law Officer PEMRA. Raja Rizwan Abbasi, Advocate. Ms. Asia Batool, AAG.
(Pakistan Electronic Media Regulatory Authority and another
VERSUS
Shoukat Ali and another.) (Federation of Pakistan Versus Shoukat Ali and another)
Law:
Section:
SARDAR MUHAMMAD SARFRAZ DOGAR, ACJ:- The captioned Intra-Court Appeals emanate from the same judgment and have common issue, therefore are being decided through this single judgment.
2. Precisely, the appellants have challenged the vires of judgment dated 02.05.2023 (“Impugned Judgmentâ€) (reported as PLD 2024 Islamabad 135) whereby learned Single Judge in Chambers while allowing writ petition No.2225 of 2022, declared Rule 9(5) of the Pakistan Electronic Media Regulatory Authority Rules, 2009 (“Rulesâ€) ultra-vires, to the extent that it requires Pakistan Electronic Media Regulatory Authority (“PEMRAâ€) to seek security clearance for an applicant prior to grant of license, to Sections 19, 22 and 25 of the PEMRA Ordinance, 2002 (“Ordinanceâ€). Leaned Single Judge in Chambers, through the impugned judgment, also directed the Federal Government to take appropriate steps to amend provisions of Rules, PEMRA Eligibility Criteria Regulations, 2019 (“Regulationsâ€) and any other rules and regulations framed under the Ordinance to ensure that they do not impinge upon the exclusive power and obligation of PEMRA to evaluate the eligibility of applicants to grant licenses under the Ordinance. For convenience, latter on in this judgment, PEMRA would be referred to as Appellant whereas Shoukat Ali as Respondent No.1.