SHOUKAT ALI vs GOVERNMENT OF PAKISTAN through Secretary Interior, Ministry of Interior, Islamabad Ss

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SHOUKAT ALI VS GOVERNMENT OF PAKISTAN through Secretary Interior, Ministry of Interior, Islamabad Ss. 19, 22, 25 & 33a---Pakistan Electronic Media Regulatory authority Rules, 2009 R. 9(5)---Constitution of Pakistan, arts. 18 & 19---Broadcasting license, issuance of---Federal Government and intelligence agencies, role of---Rule 9(5) of Pakistan Electronic Media Regulatory authority Rules, 2009, vires of---Petitioner company was aggrieved of refusal to issue it Satellite TV License on the ground of non-clearance of security---Validity---Right to freedom of business, trade and profession guaranteed by art. 18 of the Constitution is subject to law but there exists no law that requires grant of a media or broadcast license subject to issuance of security clearance by security or intelligence agencies---Prohibition in S. 25 of Pakistan Electronic Media Regulatory authority Ordinance, 2002, bars issuance of a license to an entity owned or controlled by a foreign government or organization---PEMRa can seek relevant information for purposes of determining eligibility or lack thereof of an applicant pursuant to S. 33a of Pakistan Electronic Media Regulatory authority Ordinance, 2002---Such practice was not in accordance with the intent and purpose of Pakistan Electronic Media Regulatory authority Ordinance 2002, as reflected from its text---No subordinate legislation could be enacted so as to undermine exclusive right vested by the Legislature in PEMRa to grant and revoke licenses---High Court declared that requirement under R. 9(5) Pakistan Electronic Media Regulatory authority Rules, 2009, to seek security clearance for an applicant prior to grant of license was ultra vires Ss. 19, 22 & 25 of Pakistan Electronic Media Regulatory authority Ordinance, 2002---High Court directed PEMRa to decide application of petitioner, independently and in a reasoned manner---High Court directed Federal Government to take appropriate steps to amend provisions of Pakistan Electronic Media Regulatory authority Rules, 2009 and PEMRa Eligibility Criteria Regulations, 2019, and any other rules and regulations framed under Pakistan Electronic Media Regulatory authority Ordinance, 2002, to ensure that they did not impinge upon the exclusive power and obligation of PEMRa to evaluate eligibility of applicants to be granted licenses under Pakistan Electronic Media Regulatory authority Ordinance, 2002, as well as the exclusive authority to take a decision for grant or revocation of licenses---Constitutional petition was allowed accordingly.

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

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