PAKISTAN BROADCASTERS ASSOCIATION vs FEDERATION OF PAKISTAN through Secretary, Ministry of Information, Islama

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PAKISTAN BROADCASTERS ASSOCIATION VS FEDERATION OF PAKISTAN through Secretary, Ministry of Information, Islamabad Ss. 25 & 32---Direct to Home (DTH) Distribution Service Licensing Regulations, 2016, Reglns. 2.5 & 7---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Vires of law---Petitioner was Pakistan Broadcasting Association and assailed vires of Reglns. 2.5 & 7 of Direct to Home (DTH) Distribution Service Licensing Regulations, 2016, being ultra vires to Pakistan Electronic Media Regulatory Authority Ordinance, 2002---Validity---Provision of Regln. 2.5 of Direct to Home (DTH) Distribution Service Licensing Regulations, 2016, to the extent of allowing companies controlled or managed by foreign nationals / companies to apply for grant of license was framed beyond the permissible statutory mandate and was transgression of delegated authority---High Court struck down the provisions of Regln. 2.5 of Direct to Home (DTH) Distribution Service Licensing Regulations, 2016, as words 'with or' used after words 'if any' and before 'without' therein were in conflict with the provision of S.25(c) of Pakistan Electronic Media Regulatory Authority Ordinance, 2002---Pakistan Electronic Media Regulatory Authority was not vested with any power to grant exemption in vacuum in exercise of powers vested in it under S. 32 of Pakistan Electronic Media Regulatory Authority Ordinance, 2002---Such powers were to be exercised on case to case basis, after recording of reasons in writing in compliance with criteria and guidelines identified by notified Rules that too in conformity with the principles of equality and equity enshrined in the Constitution keeping n view 'public interest' involved in a particular case---High Court declined to micromanage affairs of PEMRA and re-determine provisions of Regln. 7 of Direct to Home (DTH) Distribution Service Licensing Regulations, 2016, as the same was not in contravention of fundamental rights of petitioner / Association, provisions of the Constitution or the parent statute---Pakistan Electronic Media Regulatory Authority was a statutory regulatory authority vested with power to regulate affairs of licenses and petitioner / Association could approach the Authority for redressal of grievance if any---Constitutional petition was allowed accordingly.

PAKISTAN BROADCASTERS ASSOCIATION vs FEDERATION OF PAKISTAN through Secretary, Ministry of Information, Islamabad Ss — 2024 CLC 871 ISLAMABAD

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