SC annuls IHC decision to suspend Neo TV's transmission

ISLAMABAD - The Supreme Court on Monday annulled a verdict by the Islamabad High Court (IHC) and ordered that the channel be returned to airwaves. A two-member bench of the apex court, comprising Justice Mushir Alam and Justice Yahya Afridi, heard the case and directed the channel’s management to appeal before IHC to seek further relief from the regulatory body Pakistan Electronic Media Regulatory Authority (PEMRA). During the course of proceedings, Barrister Ali Zafar counsel for Neo TV submitted that PEMRA had given a license to Neo TV under the PEMRA Ordinance, 2002 but when Neo TV applied for change of programming mix, PEMRA rejected the application of Neo TV on the ground that under the Regulations of 2012, there should be no change in category of the license. The appeal filed by Neo TV against the decision of PEMRA was also rejected by the Islamabad High Court, he added. He argued however that the judgment of Islamabad High Court as well as the decision of PEMRA, were illegal, unlawful and void ab initio. He submitted that under the Ordinance of 2002 change in category or programme mix was specifically allowed and could only be refused by PEMRA on the ground of public interest. He submitted that this is an established law that rules and regulations cannot override a law and while passing the Regulation of 2002, banning the change of category in the license, PEMRA had acted beyond its jurisdiction. Consequently the Regulations of 2012 were void, he added.

 

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