SOUTHERN NETWORK LIMITED vs GOVERNMENT OF PAKISTAN through Secretary, Ministry of Information Islamabad S

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SOUTHERN NETWORK LIMITED VS GOVERNMENT OF PAKISTAN through Secretary, Ministry of Information Islamabad S. 42---Pakistan Electronic Media Regulatory Authority Rules, 2009, R. 6---General Clauses Act (X of 1897), S. 21---Constitution of Pakistan, Arts. 18 & 199---Constitutional petition---Right of business and trade---License in perpetuity---Proof---Locus poenitentia, principle of---Applicability---Frequency Allocation Board---Petitioner company was aggrieved of non-renewal of its license of Cable Television Network under MMDS System---Validity---License issued under previous regime was made subject to further renewal and conditions under new law---Claim of petitioner to have a license in perpetuity was falsified---License having expiry could not be termed as license in perpetuity unless there were specific conditions outlined in license agreement or under prevailing law---New Frequency Board under section 42 of Pakistan Telecommunication (Re-organization) Act, 1996, was established, which had undertaken the work of Pakistan Wireless Board established in consonance with Telegraph Act, 1885---License is merely privilege, and it does not mean that licensee acquired any vested right in the subject matter---No one can claim vested rights on ground of locus poenitentia as such legislature/authority which can pass an order, is entitled to vary, amend, add to or to rescind that order---License issued by Government is not in perpetuity, neither licenses can be deemed as license coupled with interest---In enactments revocation grounds are always available---Right to license for any trade or business is always subject to restrictions and qualification, if any, governed by law---Petitioner could approach Pakistan Electronic Media Regulatory Authority under R. 6 of Pakistan Electronic Media Regulatory Authority Rules, 2009 by filing application, for grant of MMDS license to operate broadcast media or distribution service as the case may be, and also approach the Frequency Allocation Board (FAB) for allocation of frequency---High Court directed Pakistan Electronic Media Regulatory Authority that if such applications were filed the same were to be decided in accordance with law at an early date, however, not later than 100 days as provided under R. 9 of Pakistan Electronic Media Regulatory Authority Rules, 2009---High Court restrained the Authority from taking any adverse action till decision on such application if filed by petitioner---Constitutional petition was dismissed accordingly.

SOUTHERN NETWORK LIMITED vs GOVERNMENT OF PAKISTAN through Secretary, Ministry of Information Islamabad S — 2025 PLD 69 KARACHI-HIGH-COURT-SINDH

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