SHC allows PEMRA to decide applications for TV channel licence
KARACHI: The Sindh High Court vacated the stay, on March 18, it had earlier granted on a petition filed by the Pakistan Herald Publications (PHP) restraining the Pakistan Electronic Media Regulatory Authority (PEMRA) from processing and deciding applications for grant of broadcast licenses for satellite television channels.
Assailing the vires of rule 17(V) of the PEMRA Rules 2002, the PHP claimed that the information ministry, which the petition cited as the first respondent, had done away with the in-eligibility for the print media and advertising agencies for having a broadcast television channel licence.
PEMRA, without prejudicing its right to contest petitions on merits, prayed to the court to allow it to process the already received applications for issuance of satellite TV licence.
Deputy attorney-general Nadeem Azhar filed on March 18 a statement of PEMRA pledging that the application of the petitioner would be processed in accorÂdance with the decision of the Sindh High Court.
A SHC bench, comprising Justice Anwer Zaheer Jamali and Justice S. Ali Aslam Jaferi, after taking the PEMRA statement on record, vacated the stay it had earlier granted against the processing and deciding all applications for grant of broadcast TV licence and disposed of the stay applications of the petitioner.
The PHP has based its petition on three points.
The first point is that rule 17 (V) of PEMRA Rules 2002 is ultra vires of sections 19 and 23 of the PEMRA Ordinance 2002 which say PEMRA will use its rights of grant of broadcast TV licence in conformity with the principles of fairness and equity applied to all potential applicants and this shall be done through an open transparent bidding process facilitating open and fair competition.
The second point is that under section 5 of the Ordinance, PEMRA is bound to follow the directions of the ministry of information on policy matters. The PHP field with the petition clippings of newspapers quoting federal information minister as announcing that restrictions on the print media for obtaining broadcast TV licence had been done away with.
The third point raised by the PHP is that rule 17(V) of PEMRA Rules 2002 is also ultra vires of certain articles of the constitution, which guarantee equal opportunity of trade and business to all citizens of the country.
The petitioner has also assailed section 8.1 of the application form that requires applicants to provide details regarding ownership/ control of company and an affidavit regarding “cross-media ownership” requiring applicants to state on oath that it does not own a newspaper or journal in Pakistan.
Source: Daily Times
Date:3/19/2004
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