ARY COMMUNICATIONS LIMITED vs COUNCIL OF COMPLAINTS, ISLAMABAD S — 2022 PLD 552 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PLD 552 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PLD
Parties: ARY COMMUNICATIONS LIMITED vs COUNCIL OF COMPLAINTS, ISLAMABAD S
Subject matter: Constitutional
Provisions referred to: S. 26---P; Pakistan Electronic Media Regulatory Authority Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ARY COMMUNICATIONS LIMITED VS COUNCIL OF COMPLAINTS, ISLAMABAD S. 26---Pakistan Electronic Media Authority (Council of Complaints) Rules, 2010, R.8---Electronic Media (Programmes and Advertisements) Code of Conduct, 2015---Council of Complaints (COC)---Duties and functions---Petitioner was media house and aggrieved of decisions made by Pakistan Electronic Media Regulatory Authority (PEMRA)---Contention of petitioner was that PEMRA failed to appreciate that COC was only empowered to make a non-binding recommendation and was required to determine whether those recommendations were to be adopted or not---Validity---Decisions were bereft of findings of COC as to how allegations underpinning the complaints constituted violations of Electronic Media (Programmes and Advertisements) Code of Conduct, 2015, and did not even disclose rationale for COC making particular recommendations---Decisions in question did not possess quality of a reasoned or speaking order---Decisions reflected that the "Authority" acted in cursory and mechanical manner in purported exercise of its adjudicatory function without any perceptible independent application of mind, contrary to intent and design of Pakistan Electronic Media Regulatory Authority Ordinance, 2002 and Pakistan Electronic Media Regulatory Authority (Council of Complaints) Rules, 2010---Such approach to adjudication was unsound and it manifested that decisions in question were not sustainable in law---Decisions in question suffered from basic errors and lacked quality of a legally valid decision, resort to a broader enquiry as to correctness of decisions through appeal was not necessitated---Constitutional petition was allowed, in circumstances.

Other judgments reported in 2022 PLD

2022 PLD 40 HIGH-COURT-AZAD-KASHMIRGUL MUHAMMAD VS JAN MOMAMMAD O. XII, R. 1---No abatement by party's death, if right to sue survives---Scope---Criteria to determine when aba…
2022 PLD 773 LAHORE-HIGH-COURT-LAHOREMEERA SHAFI VS FEDERATION OF PAKISTAN Art. 14---prevention of electronic Crimes Act (XL of 2016), S. 20---Inviolability of dignity of man---…
2022 PLD 773 LAHORE-HIGH-COURT-LAHOREMEERA SHAFI VS FEDERATION OF PAKISTAN Art. 19---prevention of electronic Crimes Act (XL of 2016), S. 20---Freedom of speech---Offences again…
2022 PLD 773 LAHORE-HIGH-COURT-LAHOREMEERA SHAFI VS FEDERATION OF PAKISTAN S. 20---offence against dignity of a natural person---Defamation---Scope---Section 20 of the preventio…
2022 PLD 773 LAHORE-HIGH-COURT-LAHOREMEERA SHAFI VS FEDERATION OF PAKISTAN S. 20---offence against dignity of a natural person---Use of offensive and derisive language---Scope--…
2022 PLD 773 LAHORE-HIGH-COURT-LAHOREMEERA SHAFI VS FEDERATION OF PAKISTAN Ss. 155 & 154---prevention of electronic Crimes Investigation Rules, 2018, Rr. 6 & 7---Information in…

Back to the case-law library · Search Pakistani case law in Urdu or English