TV license ban case: IHC issues notice to PEMRA chairman

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Islamabad High Court on Monday issued notice to chairman, Pakistan Electronic Media Regulatory Authority (PEMRA) for unannounced ban on grant of Television channel licenses.

A single bench of Islamabad High Court comprising of Mr. Justice Amir Farooq issued the notice on the writ petition filed by M/s Watan Television Company (Private) Limited through its counsel Barrister Masroor Shah.

Counsel for the Petitioner Company, Barrister Masroor while arguing the case before the court stated that Section 19 (2) of the ordinance makes it mandatory upon every person contemplating to engage in the business of broadcast media or distribution service to obtain license issued under the ordinance. In this regard PEMRA has been bestowed with exclusive right to issue licenses for the establishment and operation of all broadcast media and distribution services, the counsel added.

The court was further appraised that despite receiving the requisite fee in 2008 and being fully qualified for license in terms of Section 25 of the PEMRA Ordinance, PEMRA is not issuing TV license to the petitioner.

While arguing the case, Masroor Shah drew the attention of the court towards Section 22 of the PEMRA Ordinance makes it mandatory upon PEMRA to take decision on the application for a license within 100 days from the receipt of the application.

Masroor further state that in action on part of PEMRA amounts to infringement of petitioner’s fundamental rights and is in itself an illegality.

In the premise the counsel called for issuance of Writ of Mandamus against PEMRA under Article 199 of the constitution.

The court after hearing preliminary arguments issued notice to Chairman PEMRA with direction to file rejoinder within two weeks.