SOUTHERN NETWORKS LIMITED vs PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY Ss

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SOUTHERN NETWORKS LIMITED VS PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY Ss. 30 (b) & 30-a---Pakistan Electronic Media Regulatory authority Rules, 2009, R.16(2)---appeal---Revalidation of licence---Directors, change of---appellant company sought revalidation of its licence---Pakistan Electronic Media Regulatory authority issued show-cause notice to company for change of its directors without prior permission---Validity---Held, there was no specific requirement of personal appearance of outgoing directors---Opinion of Council of Complaints under proviso to S.30(b) of Pakistan Electronic Media Regulatory authority Ordinance, 2002 was required and the same had already been rendered when a fine of Rs.1 million was suggested---Such was prima facie violation under S.30(d) of Pakistan Electronic Media Regulatory authority Ordinance, 2002, read with R.16(2) of Pakistan Electronic Media Regulatory authority Rules, 2009---Proportionality of penalty was not in balance---Object of adjudging eligibility of incoming directors, which criteria ought to have been prescribed in advance, could be adjudged conveniently as directors were available and in no way appellant company or any of the directors would come in that way as far as security clearance of those directors were concerned but suggested deficiency alone did not call for a maximum punishment of revocation of licence and principle of proportionality was violated---High Court set aside decision made by Pakistan Electronic Media Regulatory authority and case of appellant company for change of directors be considered in such terms and physical appearance of outgoing director was dispensed with---High Court directed that eligibility criteria of directors be adjudged at the earliest to be followed by security clearance of directors, which was of prime consideration---High Court restrained the authorities not to take more than 60 days in the entire process---High Court further directed that licences would be subject to outcome of entire process and till such process was completed, appellant company could continue to operate---High Court directed Pakistan Electronic Media Regulatory authority to consider fine for subject violation in terms of money---appeal was allowed accordingly.

SOUTHERN NETWORKS LIMITED vs PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY Ss — 2022 PLD 6 KARACHI-HIGH-COURT-SINDH

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