IHC seeks govt response on DTH licence bidding against SC orders

ISLAMABAD: Justice Aamir Farooq of Islamabad High Court (IHC) has given time till November 26 to the federal government to file response in a petition challenging DTH licence bidding process under an acting chairman Pemra against Supreme Court orders which restrict an acting chairman to look after only day-to-day affairs and not to make policy decisions.
Pemra plans to hold licence bidding on Dec 7 for three DTH licences with duration of 15 years each. The petitioner contends that Direct to Home (DTH) is latest technology to deliver high quality TV channels to homes and since there are only 100 DTH projects globally, its bidding process should be undertaken without any legal controversy and undue haste. The petitioner demands that the proceedings of Pemra meeting under the acting chairman on August 11, 2015, to initiate bidding process should be declared void ab initio. It further added that a three-member bench of the Supreme Court under the Chief Justice of Pakistan on August 19, 2015 had directed federal government to appoint Pemra chairman within 30 days. However, the acting chairman continues with long-term policy matter like DTH bidding process despite the limitation set by the Supreme Court to his appointment and scope of work in different orders of the apex court and the fact that a full-time chairman has been notified by the federal government.
The Supreme Court has already dismissed an acting chairman in December 2012 on the grounds that no such post exists in Pemra ordinance and the Authority should have a permanent chairman.
The SC further ruled in 2013 in PLD SC 244 against functioning of an acting chairman Pemra stating that no such post exists in Pemra ordinance and had struck off the Pemra Content Regulations 2013 processed and notified under then acting chairman Pemra for this very reason. The Supreme Court, in the same judgment, stated that an acting chairman could only attend day-to-day mattes and was/ is not authorised to make policy decision having effect on long-term policies. The petitioner has quoted Khawaja Asif case in the Supreme Court 2013 SCMR 1205 which also lays down the same principle.