7/2017 M.A. Southern Networks Limited (Appellant) V/S PEMRA Thr. Its Chairman & Another (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 02-SEP-21
-Definition of a person is provided under Ordinance, 2002, which includes an individual, partnership, association, company, trust or corporation. Invariably in the show-cause/decision impugned, PEMRA presumed to have issued licenses to individual directors hence referred that licenses to them should not have been transferred by them. It is misconceived impression. --The issuance of licence is subject to Section 19 of Ordinance 2002. The authority enjoys exclusive right to issue licence for the establishment and operation of broadcasting media and distribution services and that these licences shall be in conformity with the principles of fairness and equity and the eligibility of such applicant to whom the licence is likely to be granted is based on prescribed criteria notified in advance. ---With this understanding of law perhaps the intensity of violation and penalty imposed on appellant should be viewed in term of their proportionality. Wednesburys principle while defining proportionality has discussed role of public officers entrusted with the discretionary powers. However, it is often seen that officers entrusted with such powers exercising their discretion goes unattended. Discretion at times goes unmeasured. Subjective analysis of a discretion exercised by public officers is a difficult proposition but proportionality is a tool which can play its role to serve the subject. The principle requires that measures adopted by the authority should not exceed the limits of what is proper and necessary in order to attain the objectives, legitimately. It is generally expected that where there is choice between several appropriate remedies and measures, the recourse that must be the least onerous and least cumbersome be adopted.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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