Athar Minallah, C.J.- The appellant, Imran Ahmad Khan Niazi, has preferred the appeal in hand assailing order, dated 20-08-2022, passed by Pakistan Electronic Media Regulatory Authority (hereinafter referred to as the “PEMRA”), whereby a prohibition order has been passed regarding his live speech on the electronic media. The prohibition order was passed in exercise of powers conferred under section 27 of the Pakistan Electronic Media Regulatory Authority Ordinance, 2002 as amended by Pakistan Electronic Media Regulatory Authority Act, 2007 (hereinafter referred to as the “PEMRA Ordinance”).
2. With the assistance of the learned counsel, section 27 has been carefully perused. The learned counsel, who has appeared on behalf of PEMRA, was not able to satisfy the Court that a blanket prohibition order could be passed under section 27 of the PEMRA Ordinance. The learned counsel, taking a fair stance, has informed that PEMRA, as a regulator, had passed the impugned order to ensure that licencees effectively implement the delaying mechanism.
3. The learned counsel has drawn the attention of the Court to paragraph 19 of the judgment of the august Supreme Court reported as PLD 2019 SC 1 titled “In the matter of: Suo Motu case No.28 of 2018”. These directions are obviously binding on PEMRA and the licencees. Moreover, the learned counsel for PEMRA has stated that the latter will be satisfied if the appeal is allowed in the light of paragraph 19 of the aforementioned judgment of the august Supreme Court.
4. For what has been discussed above, the impugned prohibition order, dated 20-08-2022, is declared as ultra vires the PEMRA Ordinance and is, therefore, hereby set aside. However, PEMRA is directed to ensure effective enforcement of the directions given by the august Supreme Court in the aforementioned judgment. In case the licencees fail to effectively implement the directions regarding delaying mechanism, then PEMRA will be expected to proceed against such delinquent licencees in accordance with law.
Civil Misc. Appeal No.102/2022 Imran Ahmad Khan Niazi Versus Pakistan Electronic Media Regulatory Authority & another
05-09-2022
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