PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY through Chairman PEMRA, Islamabad vs SHOUKAT ALI Ss

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PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY through Chairman PEMRA, Islamabad VS SHOUKAT ALI Ss. 19, 22, 25 & 39---Pakistan Electronic Media Regulatory Authority Rules, 2009, R. 9(5)---Judicial review---Principle---Vires of R. 9 of Pakistan Electronic Media Regulatory Authority Rules, 2009---Security clearance before grant of license---Appellant/Pakistan Electronic Media Regulatory Authority (PEMRA) assailed order passed by Judge in Chambers of High Court declaring R. 9(5) of Pakistan Electronic Media Regulatory Authority Rules, 2009 ultra vires, to the extent that it required PEMRA to seek security clearance for an applicant prior to grant of license---Validity---Security clearance prior to issuance of license, is not inconsistent with Pakistan Electronic Media Regulatory Authority Ordinance, 2002 rather it facilitates the Authority to conclude suitability of any applicant in respect of national security and falls within the scope of General Delegation of power under S. 39 of Pakistan Electronic Media Regulatory Authority Ordinance, 2002---It was within the dominion of High Court to exercise its power of judicial review to evaluate and weigh upon legislative and executive actions in order to maintain and sustain rule of law, to check and balance and render null and void an unlawful action or decision, and with the same spirit and frame of mind, the Court may also invalidate and strike down laws, acts, and governmental actions if found unlawful and beyond the scope of power and jurisdiction---Judicial review can be sought if decision maker was misdirected in terms of law, exercised a power wrongly, or improperly purported to exercise a power that it did not have, which is known as acting ultravires---Provision of R. 9(5) of Pakistan Electronic Media Regulatory Authority Rules, 2009 was intra vires Pakistan Electronic MediaRegulatory Authority Ordinance, 2002---High Court directed that Authority and other instrumentalities of the State would ensure fairness and equality while dealing with matters avoiding any discrimination---Division Bench of High Court set aside order passed by Judge in Chambers of High Court---Intra-Court Appeal was allowed accordingly.

PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY through Chairman PEMRA, Islamabad vs SHOUKAT ALI Ss — 2026 PLD 20 ISLAMABAD

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