DTH bidding linked to LHC’s final decision

SC conditionally allows Pemra to initiate process

ISLAMABAD: The Supreme Court on Wednesday conditionally allowed the Pakistan Electronic Media Regulatory Authority (Pemra) to initiate the bidding process of Direct To Home (DTH) licences but held (DTH) licence subject to final decision of the LHC of granting the said licences.

Salman Akram Raja, counsel for Pemra submitted before the court that DTH is the latest technology and country like Afghanistan and Bangladesh were using the technology however, it was not yet introduced in Pakistan.

Justice Khilji Arif Husain, a member of the bench observed that the DTH was an old technology although Pakistan did not benefit form it yet. Salman Akram Raja told the court that the Lahore High Court while hearing the petition of Independent Media Corporation had reserved the judgment in the matter on 27 August but on November 22,  issued a restraining order, adding that earlier the high court had rejected three applications in the instant matter.

He further told the court that they had informed the high court that on November 23, only bidding for the DTH will be held and no licence would be granted, however, he said that the LHC issued the restraining order without listening to them as well.

 He further said that the instant matter was pending since August in the court. To a court query, Salman Akran Raja said that earlier they had given October 3 and 31 respectively for the bidding process however, he said bidding could not be held on both these dates and now bidding is being held on November 23 for which investors of Russia, China and other countries were present in Islamabad to participate in the said bidding process. 

The learned counsel contended that if the bidding was not held, foreign investors will go back to their countries, and the there will be great loss to Pemra as well. He prayed the apex court to set aside the order passed by the LHC restraining the authority to hold November 23 bidding process.

Asma Jehangir, Counsel for Independent Media Corporation, while appearing before the court submitted that the instant matter was heard by a single member bench of the LHC and the said bench also passed the restraining order as well. She contended that they should also be allowed to participate in the bidding process of DTH licence.The counsel also submitted that as per section 28 of Pemra law, no foreign country could participate in the bidding process. The court however asked the learned counsel to read section 32 of Pemra Law that gives discretionary powers to the authority.

The court ruled that after the today’s bidding process right and interest of any party would not be created and any one not allowed in the bidding process, his rights will not be affected.

Meanwhile, the court conditionally allowed Pemra to initiate bidding process of Direct To Home (DTH) licenses. The court however, restrained Pemra from granting licence of DTH till the disposal and final decision of the LHC.