Law: Pakistan Electronic Media Regulatory Authority Rules, 2002

Section: 9,27(2),42

Law: Pakistan Electronic Media Regulatory Authority Rules, 2002

Section: 9,27(2),42

Law: Constitution of Pakistan, 1973

Section: 199

Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002)-------Ss. 19 & 30---Pakistan Electronic Media Regulatory Authority Rules, Rr.9, 27 & 42---Constitution of Pakistan (1973), Art.199---Constitutional petition---Licence to operate FM Radio Station, grant of---Non-commencement of broadcast operation by petitioner within prescribed period---Cancellation of licence for such failure of petitioner---Validity---Petitioner had applied to Telecommunication Authority for allocation of frequency after six months of expiry of prescribed period---Petitioner was not in a financial position to become operational within prescribed period---Pakistan Electronic Media Regulatory Authority, had not committed any illegality in passing impugned order---Petitioner having failed to perform its obligation according to law, was not entitled to discretionary relief under Art.199 of the Constitution---High Court dismissed constitutional petition in circumstances. Nadira Kaiser and others v. Chairman, Karachi Cantonment Board and another 2004 CLC 1872 rel. Malik Waqar Haider Awan for Petitioner. Muhammad Zargham Ullah for Respondents. ORDER IQBAL HAMEED-UR-REHMAN, J.---Through the instant writ petition the petitioner, Messrs Thal International Airwaves (Pvt.) Limited, has called in question the cancellation of the licence to establish F.M. Radio Station at D.G. Khan, vide order, dated 23-6-2006. 2. Brief facts of the case are that the petitioner-Company Messrs Thal International Airwaves.(Pvt.) Limited, had been allowed licence on 27-1-2004 for a period of ten years for establishing F.M. Radio Stations at D.G. Khan. It is submitted that the F.M. Radio Stations at Muzaffargarh and Layyah were allocated the frequencies by Frequency Allocation Board and both the stations commenced their transmissions within one year of allocation of frequencies but the frequencies for the D.G. Khan was not allocated, as such, the petitioner submitted reminder to the respondents for allocation of the frequencies vide letter dated 8-6-2005 Annexure "C". Instead of allocation of the frequencies, the respondents on 27-4-2006 issued a show-cause notice Annexure "D", thereafter the…

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