| Case ID |
323d18c4-ece3-437e-93f9-db2589652c74 |
| Body |
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| Case Number |
C.P. No. D-570 of 2013 |
| Decision Date |
Feb 12, 2015 |
| Hearing Date |
Feb 12, 2015 |
| Decision |
The Sindh High Court ruled that the authorities failed to provide the petitioner, Messrs TRICOM ENTERTAINMENT (PVT.) LTD., with a show-cause notice or communicate the cancellation of their license. The court noted that the petitioner had complied with a request from PEMRA for renewal fees, which indicated that the petitioner was not aware of any cancellation order. Given these circumstances, the court converted the constitutional petition into an appeal against the cancellation order and referred it to a Single Judge for a hearing on its merits. This decision highlights the importance of due process and the requirement for regulatory authorities to provide adequate notice and opportunity for a hearing before taking adverse actions against licenses. |
| Summary |
In the case of Messrs TRICOM ENTERTAINMENT (PVT.) LTD. vs. PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY (PEMRA), the Sindh High Court dealt with a constitutional petition concerning the cancellation of a broadcast license. The petitioner alleged that PEMRA officials had threatened cancellation without due process, asserting that they had not been served a show-cause notice or given a chance to be heard. The court found that PEMRA could not substantiate its claims of cancellation, as the petitioner had made timely fee payments for license renewal. The court emphasized the necessity of following due process in regulatory actions, particularly in media licensing, which is crucial for maintaining fairness and transparency in the regulatory landscape. The ruling underscores the need for regulatory bodies to adhere to established protocols when dealing with license cancellations and highlights the potential for judicial review in such matters. |
| Court |
Sindh High Court
|
| Entities Involved |
PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY,
TRICOM ENTERTAINMENT (PVT.) LTD.
|
| Judges |
AQEEL AHMED ABBASI,
MUHAMMAD JUNAID GHAFFAR
|
| Lawyers |
Rashid A. Razvi,
Abbas Razvi,
Jamal Bukhari,
Junaid Farooqui,
Abdul Rauf,
Kashif Hanif,
Azizullah Buriro,
D.A.G.
|
| Petitioners |
Messrs TRICOM ENTERTAINMENT (PVT.) LTD.
|
| Respondents |
another,
PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY (PEMRA)
|
| Citations |
2016 SLD 988,
2016 CLC 893
|
| Other Citations |
2013 CLC 1376
|
| Laws Involved |
Pakistan Electronic Media Regulatory Authority Ordinance, 2002,
Constitution of Pakistan
|
| Sections |
28,
29,
30,
30-A,
199
|