Delayed Issuance of Broadcast License by PEMRA

In Independent Music Group SMC (Pvt) Ltd. and another vs. Federation of Pakistan and others (PLD 2011 SC 805), the Supreme Court of Pakistan reviewed the delay by the Pakistan Electronic Media Regulatory Authority (PEMRA) in processing a broadcast license application submitted by Independent Music Group SMC (Pvt) Ltd. The Court ruled that PEMRA had unjustifiably delayed the issuance of the license and directed PEMRA to immediately issue the license to the petitioners.

Background:

The petitioners, Independent Music Group SMC (Pvt) Ltd., submitted an application to PEMRA on July 2, 2007, for a license to establish and operate a Satellite TV broadcast channel. According to Section 22 of the PEMRA Ordinance, 2002, PEMRA was required to decide on the application within 100 days. However, PEMRA failed to act within this period, and it was only after two years that PEMRA refused the license on July 8, 2009, citing a lack of security clearance from the Ministry of Interior.

The petitioners challenged this refusal in the Sindh High Court, which remanded the matter back to PEMRA to reconsider the application. Dissatisfied with this outcome, the petitioners appealed to the Supreme Court, seeking a writ of mandamus to compel PEMRA to issue the license.

Key Issues:

Obligation of Regulatory Authorities to Adhere to Statutory Timelines: Whether PEMRA was legally obligated to decide on the license application within the statutory period of 100 days and the consequences of failing to do so.

Right to Fair Treatment under Article 4 of the Constitution: Whether the delay and subsequent refusal by PEMRA violated the petitioners' right to be dealt with in accordance with law, as guaranteed by Article 4 of the Constitution of Pakistan.

Judicial Intervention in Regulatory Decisions: The extent to which the courts can intervene in the discretionary powers of regulatory bodies like PEMRA when there is a failure to act within the prescribed legal framework.

Court's Analysis:

Failure to Meet Statutory Deadlines: The Supreme Court found that PEMRA had violated its statutory duty by not deciding on the petitioners' application within the 100-day period mandated by Section 22 of the PEMRA Ordinance, 2002. The Court emphasized that regulatory authorities must adhere to statutory timelines to ensure fairness and transparency in their operations. The delay of over two years was deemed unacceptable and unjustifiable.

Violation of Constitutional Rights: The Court held that the petitioners’ right to fair treatment under Article 4 of the Constitution had been infringed due to PEMRA’s undue delay and lack of timely decision-making. The Court underscored that all citizens have a right to be treated fairly and in accordance with the law, and any arbitrary action or inaction by a public authority that violates this right can be challenged in court.

Judicial Oversight of Regulatory Decisions: The judgment highlighted the role of the judiciary in overseeing the actions of regulatory bodies to ensure they comply with legal standards. The Court determined that in cases where a regulatory authority fails to fulfill its statutory obligations, it is within the judiciary’s purview to intervene and provide appropriate relief, including directing the authority to take or refrain from specific actions.

Court's Conclusion: The Supreme Court allowed the appeal and converted the petition into an appeal, directing PEMRA to immediately issue the license to the petitioners in accordance with their application dated July 2, 2007. The Court ordered PEMRA to comply within three days and submit a compliance report to the Registrar of the Court.

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