APNA TV CHANNEL (PVT.) LTD vs PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY Ss

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APNA TV CHANNEL (PVT.) LTD VS PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY Ss.26(5) & 30-a---Broadcast complaint---Penal order passed without proper hearing---Council of Complaints, jurisdiction of---Whether fine could be imposed directly---Brief facts were that a complaint was lodged before the respondent authority against the appellant company over objectionable remarks made during a broadcast; the Council of Complaints rejected the appellant's adjournment request and imposed a fine of Rs.500,000/- with ancillary directions; in appeal, the appellant questioned the Council's power to impose penalty directly and pleaded denial of hearing; the High Court in the present appeal examined as to whether the Council's powers were merely recommendatory and whether the impugned order was lawful---Held: Jurisdiction of the Council of Complaints was recommendatory in nature---There was no dispute that the Council of Complaint did have the requisite jurisdiction to review and adjudicate on the complaint---Under the circumstances and keeping in the mind that the appellants were also not afforded a hearing, the order passed by the Council of Complaints was set aside and the complaint before the Council of Common Interests was to be treated as pending---The appellant, if they had not done so, was to file its objections to the complaint within one week, whereafter the complaint was to be considered and decided by the Council of Complaints at their next meeting after giving due notice of the date of the hearing to the appellant---Consequentially, the amount paid into court by the appellant was to be returned to the appellants along with any mark-up/profit earned, if any, subject to identification---The appeal was allowed, in circumstances.

APNA TV CHANNEL (PVT.) LTD vs PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY Ss — 2026 CLC 619 KARACHI-HIGH-COURT-SINDH

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