| Case ID |
2b49d9f8-5659-4088-9c1b-e07785915e0a |
| Body |
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| Case Number |
D-984 and Miscellaneous No.5009 of 2008 |
| Decision Date |
Apr 12, 2011 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the constitutional petition filed by Financial Broadcasting Services (Pvt.) Limited, seeking the issuance of FM Radio Broadcast licenses for Karachi and Peshawar. The court found that the petitioners had failed to exhaust the available remedies under the law, particularly the appeal process outlined in Section 30-A of the Pakistan Electronic Media Regulatory Authority Ordinance, 2002. The petitioners concealed the fact that they had filed an appeal which was dismissed. The court emphasized the importance of following statutory procedures and affirmed that the petitioners did not meet the eligibility criteria for the licenses sought. The decision highlighted the increasing tendency of petitioners to bypass statutory remedies by resorting to constitutional petitions, which was discouraged by the court. As a result, the petition was dismissed, and the parties were instructed to bear their own costs. |
| Summary |
In the case of Financial Broadcasting Services (Pvt.) Limited vs. Pakistan Electronic Media Regulatory Authority, the Sindh High Court addressed the constitutional petition concerning the denial of FM Radio Broadcast licenses. The court noted that the petitioners, despite being the highest bidders, failed to follow the necessary legal procedures by not appealing the regulatory authority's decision as required under the PEMRA Ordinance. The court reiterated the necessity of adhering to statutory processes and emphasized that the petitioners' failure to pursue available remedies rendered their case non-maintainable. The significance of this ruling lies in its affirmation of due process in administrative matters and the court's rejection of shortcuts in legal proceedings. This case serves as a critical precedent in the realm of media regulation and administrative law, underscoring the importance of compliance with established legal frameworks. Keywords: FM Radio Broadcast licenses, Pakistan Electronic Media Regulatory Authority, constitutional petition, legal remedies, administrative law. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
MUSHIR ALAM, C.J.,
SYED HASAN AZHAR RIZVI, J
|
| Lawyers |
Ijaz Ahmed,
Kashif Hanif
|
| Petitioners |
FINANCIAL BROADCASTING SERVICES (PVT.) LIMITED
|
| Respondents |
PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY (SINDH REGION)
|
| Citations |
2011 SLD 706,
2011 CLC 1097
|
| Other Citations |
Muhammad Idrees v. Collector of Customs and others PLD 2002 Kar. 601,
Collector, Sahiwal and 2 others v. Muhammad Akhtar 1971 SCMR 681,
Makerwal Collieries Ltd. and 2 others v. Government of N.-W.F.P. and 11 others 1993 SCMR 1140,
Messrs Dadabhoy Investments (Pvt.) Limited v. Federation of Pakistan and another PLD 1995 Kar. 33,
Petrosin Corporation (Pvt.) Ltd. Singapore and 2 others v. Oil and Gas Development Company Ltd. 2010 SCMR 306,
Abdul Rehman Mayat and another v. Wealth Tax Officer and others 1988 SCMR 1722
|
| Laws Involved |
Constitution of Pakistan, 1973,
Pakistan Electronic Media Regulatory Authority Ordinance, 2002
|
| Sections |
199,
19,
30A
|