LABBAIK (PVT.) LTD. vs FEDERATION OF PAKISTAN Ss — 2023 CLC 398 KARACHI-HIGH-COURT-SINDH

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LABBAIK (PVT.) LTD. VS FEDERATION OF PAKISTAN Ss. 13, 29, 30 & 30-a [as amended by Pakistan Electronic Media Regulatory authority (amendment) act (II of 2007)]---appeal---Delegation of power---Proof---Imposing of fine---appellant company was engaged in television broadcasting and Pakistan Electronic Media Regulatory authority suspended its broadcast for thirty days with imposing of fine of Rupees One Million for airing content leveling personal allegations against higher judiciary---Plea raised by appellant was that the punishment was imposed without hearing the appellant and without having any authority delegated to Chairman Pakistan Electronic Media Regulatory authority---Validity---Decision of suspension of broadcast passed by Chairman Pakistan Electronic Media Regulatory authority under S.30(1) of Pakistan Electronic Media Regulatory authority Ordinance, 2002, in exercise of delegation of authority vested in him under S.13 of Pakistan Electronic Media Regulatory authority Ordinance, 2002---High Court set aside the order passed by the authority suspending broadcast in the wake of absence of rules as necessitated in such behalf---authority was at liberty to take up the issue again by itself in accordance with S.30 of Pakistan Electronic Media Regulatory authority Ordinance, 2002, or by the Chairman subject to the condition that rules were framed by competent authority under S. 13 of Pakistan Electronic Media Regulatory authority Ordinance, 2002 and de novo proceedings could be adopted by the Chairman in accordance with law and rules so framed---High Court set aside decision of imposing fine under S.29 of Pakistan Electronic Media Regulatory authority Ordinance, 2002, as no evidence had come on record regarding lawful delegation of such powers to the Chairman Pakistan Electronic Media Regulatory authority by the authority under S.13 of Pakistan Electronic Media Regulatory authority Ordinance, 2002---authority was at liberty to take up the issue again by itself in accordance with S.29(6) of Pakistan Electronic Media Regulatory authority Ordinance, 2002 or by the Chairman subject to rules---appeal was disposed of accordingly.

LABBAIK (PVT.) LTD. vs FEDERATION OF PAKISTAN Ss — 2023 CLC 398 KARACHI-HIGH-COURT-SINDH

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