ISLAMABAD, Jan 24 (APP): The Supreme Court on Monday suspended a notification of Pakistan Electronic Media Regulatory Authority (PEMRA) and restored telecasting rights of the GEO Super over World Cricket Cup 2011, which it had obtained through Independent Music Group. A three-Judge bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Muhammad Sair Ali and Justice Khalil ur Rehman Ramday hearing a plea by the petitioner against PEMRA said in its order that PEMRA letter issued on December 22, 2010. allowing cables Tv rights to Birds private limited company/GEO Super through Independent Music Group and terrestrial rights to PTV and which was subsequently withdrawn on January 10, 2011 by citing the reason about group as non-holder of PEMRA license, stood restored.
The bench directed PEMRA to implement the letter in letter and spirit. The bench noted that the December 22 letter was withdrawn unlawfully and without jurisdiction.The petitioner had made arrangements on the basis of such approval and entered into agreement with ESPN, the bench added. At the outset of proceedings, Muhammad Akram Sheikh, counsel for petitioner, said that his client had copyrights under Section 62 of the Copy Rights Act 1962 and had applied for license but the Pemra sent their matter to Ministry of Interior for security clearance which was denied on June 2009.
He said that they had approached the Sindh High Court and the case was pending there. Salman Akram Raja, counsel for PEMRA, said that IGS’ contractual links were not completed. He said 60 to 70 per cent rural area population had no access to cable channels. To a bench’s query he replied that Birds company had the landing rights through downlinking Geo Super of the Independent Music Group, Dubai.
He said according to PEMRA’s laws, the cable operators have to carry contents of PTV.
He said Ahmed Ishfaque Jamani, a regional officer of PEMRA in Sindh issued the December letter without lawful authority and an inquiry was being conducted against him. The bench told him that PEMRA was not a party to the case and it must function as an independent body. Raza Kazim, counsel for PTV, appeared and said that the Group had telecasting rights and they recognized it.
He said under terrestrial rights, PTV transmit its beams across the country but it had no control over 7,000 cable operators in the country who could utilize it. He said if the petitioner was asking the PTV to stop transmitting matches, it was impossible of it and on the other hand, the PTV could not ask cable operators to stop its transmission. The bench also issued notices to petitioner and respondents on a plea of CBA PTV and adjourned hearing till date in office.
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