SHOUKAT ALI vs GOVERNMENT OF PAKISTAN through Secretary Interior, Ministry of Interior, Islamabad Ss — 2024 PLD 135 ISLAMABAD

Case information

Citation: 2024 PLD 135 ISLAMABAD
Court: Islamabad High Court
Year: 2024
Reporter: PLD
Parties: SHOUKAT ALI vs GOVERNMENT OF PAKISTAN through Secretary Interior, Ministry of Interior, Islamabad Ss
Provisions referred to: S. 25; 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

SHOUKAT ALI VS GOVERNMENT OF PAKISTAN through Secretary Interior, Ministry of Interior, Islamabad Ss. 19, 22 & 25---License, issuance of---Eligibility criteria---Determination---Role of intelligence agencies---It is for Pakistan Electronic Media Regulatory Authority (PEMRA) and PEMRA alone to consider eligibility of an applicant within the criteria prescribed by and/or under Pakistan Electronic Media Regulatory Authority Ordinance, 2002 or disqualification of such applicant for purposes of S. 25 of Pakistan Electronic Media Regulatory Authority Ordinance, 2002---Such exercise of public authority cannot be outsourced to Federal Government or Inter Service Intelligence, the Intelligence Bureau or any other intelligence agency or instrumentality of Federal Government---PEMRA does not have the authority to fetter its discretion in applying the criteria for grant of licenses prescribed by or under Pakistan Electronic Media Regulatory Authority Ordinance, 2002 and render the exercise of its statutory authority contingent upon grant of prior approval from Federal Government or an intelligence agency---No role for intelligence or security agencies has been contemplated under Pakistan Electronic Media Regulatory Authority Ordinance, 2002 in grant or revocation of licenses---Carving out such role through exercise of delegated legislative powers is a fraud on the statute and inimical to the right of freedom of speech and information guaranteed by the Constitution.

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