SC Order For revival of Constitution Petition
IN THE SUPREME COURT OF PAKISTAN
Mr. Justice Jawwad S. Khawaja
Mr. Justice Gulzar Ahmed
CIVIL MISC. APPLICATION NO.2774 OF 2014
[For revival of Constitution Petition]
CONSTITUTION PETITION NO.51 OF 2010
For Applicant/Petitioner(s) : Mr. Muhammad Akram Sheikh, Sr. ASC
Assisted by Mr. Faraz Raza, Advocate.
Voluntary Appeared : Mr. Mubashar Luqman, Anchor ARY
On Court’s Call : Mr. Salman Aslam Butt, A.G.P.
Kh. Ahmed Hosain, D.A.G.
Hafiz S.A.Rehman, Sr. ASC.
Mr. Aftab Sultan, D.G, I.B.
Mr. Shahid Khan, Secy., M/o Interior.
For the PEMRA : Raja Muhammad Ibrahim Satti, Sr. ASC
Mr. M.S. Khattak, AOR.
Mr. Zahid Malik, Legal Head.
Other Respondents : N.R.
Date of Hearing : 26.05.2014
GULZAR AHMED, J.— While arguing this matter, Mr. Muhammad Akram Sheikh, learned Sr. ASC for the applicant has contended that the applicant has earlier filed Constitution Petition No.51 of 2010 in which the issue, inter alia, was with regard to shifting of channels by the Cable Operators. He has referred to the order dated 04.10.2010, wherein Raja Muhammad Ibrahim Satti, Sr. ASC, appearing for the PEMRA during his submissions had requested the Court for appointment of a Mediator ‘to supervise that the smooth running of both channels is not obstructed in any manner’. It may be noted that the two channels before the Court were ARY Digital and Geo News. On 11.11.2010, Raja Muhammad Ibrahim Satti, Sr. ASC, again requested for appointment of an independent person. With consent of the learned senior counsel for the petitioner, Mr. Javed Jabbar, ex-Senator, was appointed as a Mediator. Mr. Javed Jabbar, submitted his report on 08.12.2010 upon which on 13.08.2012, the Court passed the following order:-
“Raja Muhammad Ibrahim Satti, Sr. ASC, states that the grievance of the petitioners have been redressed in pursuance of the report of Mr. Javed Jabbar, Mediator appointed by this Court. According to him at present there is no live issue requiring adjudication by this Court. Mr. Muhammad Akram Sheikh, Sr. ASC, in Constitution Petitions No.46, 47 and 51 of 2010, is on general adjournment. However, believing the statement of the learned counsel appearing for the PEMRA, we tend to agree with him and dispose of these Petitions with the observation that if need be, the learned counsel for the petitioners in Constitution Petitions No.46, 47 and 51 of 2010 may approach this Court for the revival of the same”.
2. The grievance of the applicant, as raised by its senior counsel, was that the PEMRA was not abiding by the report of Mediator and the subsequent orders passed by this Court on it. Raja Muhammad Ibrahim Satti, learned Sr. ASC for PEMRA was present in the Court as a Caveator along with Mr. Zahid Malik, Head of Legal Department, PEMRA, and on instructions from Mr. Zahid Malik, Raja Muhammad Ibrahim Satti, learned Sr. ASC stated that the PEMRA shall abide by the terms of order dated 13.08.2012 passed in Constitution Petition No.51 of 2010, by which the report of Mr. Javed Jabbar, the Mediator, was made part of the said order and that the PEMRA will ensure that there is no shifting of the channels contrary to or in violation of the order dated 13.08.2012.
3. On such statement of Raja Muhammad Ibrahim Satti, learned Sr. ASC for the PEMRA, Mr. Muhammad Akram Sheikh, learned Sr. ASC for the applicant stated that he is satisfied with such statement and the application in such terms may be disposed of.
4. The Civil Miscellaneous Application No.2774 of 2014, in the above terms, stands disposed of.
5. This Order, however, shall not preclude PEMRA from exercising its regulatory authority in accordance with law.
APPROVED FOR REPORTING