SHC declares Pemra chief’s powers to suspend broadcast media licences ‘illegal’

KARACHI: Sindh High Court (SHC) Friday declared the powers of Pakistan Electronic Media Regulatory Authority (PEMRA) Chairman to suspend broadcast media licenses as illegal and struck down all actions taken by the chairman pursuant to the delegated powers for suspension of broadcast media licenses.

The division bench of SHC comprised of Justice Muhammad Ali Mazhar and Justice Arshad Hussain Khan in a written verdict declared the powers of Chairman PEMRA to suspend broadcast media licenses illegal in a petition, filed by Pakistan Broadcasters Association (PBA) by making PEMRA respondent in it. Petitioner challenged the decision of Pakistan Electronic Media Regulatory Authority corresponding to Item No.5 in its 156th Meeting convened on 24th April, 2020 conferring powers to Chairman PEMRA for suspending the broadcast licenses.

Faisal Siddiqui, counsel for the petitioner argued that PEMRA cannot delegate its powers under PEMRA Ordinance, 2002 without first framing Rules. “The requirement to frame rules is mandatory. The issue is not limited to this particular delegation of power by the PEMRA to its Chairman,” he stated.

Faisal submitted that the issue relates to the interpretation of Section 13, PEMRA Ordinance as to how any of the powers under the PEMRA Ordinance could be delegated without framing of rules.

Kashif Hanif, Counsel for PEMRA argued that Section 29 (6) and Section 30 of the PEMRA Ordinance are two independent sections. The compliance of section 8 (5) of the PEMRA Ordinance is not mandatory as the non-compliance of section 8 (5) of the PEMRA Ordinance does not entail any penal consequences. It was further contended that Section 13 of the PEMRA Ordinance was amended whereby the authority was empowered to delegate its power in respect of suspension of license.

Deputy Attorney General supported that arguments advanced by the counsel for PEMRA and according to him, the license could be suspended under the delegated powers by virtue of amendment even without framing rules.

Bench declared that powers of the Pakistan Electronic Media Regulatory Authority vested in Section 30 of the PEMRA Ordinance 2002 could not be delegated to the Chairman or any other official of PEMRA by dint of Section 13 of PEMRA Ordinance, 2002 for suspension of Broadcast Media Licenses without framing of Rules.

Henceforth, the decision of authority to this extent conveyed vide minutes of meeting dated 24th April 2020 is also declared null and void, bench stated and struck down all actions taken by the chairman pursuant to the delegated powers for suspension of broadcast media licenses.

In its decision, Court also observed that the compass and magnitude of judicial review is now well settled. The court may invalidate laws, acts and governmental actions that are incompatible with a higher authority more so, an executive decision may be invalidated for being unlawful and also maintains check and balance.

Copyright Business Recorder, 2021