Determination of expiry period

2016 MLD 538 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 33Pakistan Electronic Media Regulatory Authority Rules, 2009, Rule 12Pakistan Electronic Media Regulatory Authority (Distribution Service Operation) Regulations, 2011, Regln. 20Constitution of Pakistan, Art. 199Constitutional petitionRenewal of licence on expiry of term of licenceDetermination of expiry periodShow-cause notice before issuance of seizure order, requirement as to

PEMRA granted cable licence to the petitioner on 15.06.2007 which expired on 15.06.2012, as it was valid for a period of five years

Petitioner illegally continued running the cable network after expiry without obtaining renewal of the licence

Petitioner, prior to expiry of the licence, had got the same up-graded

PEMRA, issued demand notices for payment of arrears and renewal of licence, and seizure order for default in payment of arrears

Petitioner challenged the legality of the seizure order and sought issuance of the certificate for the renewal of the licence on the ground that renewal expiry period had to be calculated from the date of up-gradation of the licence

Validity

Up-gradation of licence did not ipso facto extend the period of licence

Petitioner had to approach PEMRA for renewal of its licence prior to the expiry date

No document showed that the petitioner had applied for renewal of its licence before the expiry of its licence

Power of search and seizure was circumscribed by of Regln. 20(3) of Pakistan Electronic Media Regulatory Authority (Distribution Service Operation) Regulations, 2011 which provided that a prior show cause notice before seizure of equipment had to be given

Show cause notice was admittedly given by PEMRA to the petitioner before exercise of power under Regln. 20

Petitioner, in the present case, failed to point out any violation of law, rules and regulations by PEMRA authorities

Petitioner had no equity in his favour being a defaulter of arrears and having continued with its operation without a valid licence

PEMRA was well within its rights to take action in terms of the power under Regln. 20 of Pakistan Electronic Media Regulatory Authority (Distribution Service Operation) Regulations, 2011

High Court dismissed the petition being devoid of any merit.