2023 PLD 387 SUPREME-COURT

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VS S. 27---Constitution of Pakistan, Arts. 19 & 19A---Constructive criticism of Judiciary---'Prohibition Order' issued by the Pakistan Electronic Media Regulatory Authority ('PEMRA') forbidding all Satellite TV Channel Licencees from telecasting anything 'against state institutions' and from discussing the conduct of the sitting judges of High Court and Supreme Court, in any manner---Constitutionality---No Court should try any question and also pass order thereon which is not directly and substantially in issue in a case pending before it---In the present case the question relating to the validity of the Prohibition Order was neither raised in the pleadings nor agitated by any lawyer during the proceedings of the case, on the contrary, it was brought under discussion by a Member of the present Bench and copies of the Prohibition Order was also presented by his Law Clerk to the other Members of the Bench, the Attorney General and to counsel for a party---In fact, no party was on notice to address on this question---PEMRA was also not in attendance to present the rationale of the Prohibition Order---Question relating to the Prohibition Order is not related to the issue involved in the present case, and thus, it cannot be brought under debate, nor can any conclusion be drawn thereon---Therefore, the principle of fairness obliges the members of the present Bench not to express a definite opinion on the question of the Prohibition Order until all concerned have had an opportunity of being heard.

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