ISLAMABAD: The Pakistan Electronic Media Regulatory Authority (Pemra) assured the Islamabad High Court on Tuesday that it would not take Geo Super off air till the conclusion of the ICC World Cup.

A single member bench of the Islamabad High Court (IHC) comprising Justice Muhammad Anwar Khan Kasi heard the petition of the Independent Music Group (IMG) and Bird Private Limited against the Ministry of Information, Pemra and PTV for implementation of the Jan 24, 2011 orders of Supreme Court. The petition was filed under Articles 187(2) and 199 of the constitution.

Akram Sheikh Advocate, the counsel for the petitioner, argued that the Jan 24 orders of the Supreme Court regarding the International Cricket Council (ICC) World Cup were not implemented.

He said on Jan 28, 2011 Pemra through a press release asked the offshore TV channels for renewal of landing rights, and Geo Super was told that its landing rights were expiring on Feb 28. He said Geo Super was given landing rights for five years on Jan 12, 2007. This time period is determined from the issuing date of the letter and according to it the landing rights will expire on Jan 11, 2012. Akram Sheikh further said the SC restored the rights of Geo Super for telecasting the World Cup matches on cable and satellite, but Pemra is ending the landing rights on such a time when the world cup event will be on its peak. He said after the SC decision on Jan 24 what was the point in issuing the press release by Pemra on Jan 28 stating that the Geo Super’s landing rights will expire on Feb 28, 2011.

Referring to various decisions of the SC, Akram Sheikh said the relevant high court is the best forum for implementation of the SC verdict. That is why, he said, this court is empowered to hear this case.

The PTV lawyer argued that it is initial hearing and they should be given chance for detailed reply and explanation. The court told him that he was present in the court for defence, the court may decide the case today.

Salman Akram Raja, lawyer for Government of Pakistan, Ministry of Information and Pemra, said the real issue is the issuance of the press release. He said in this regard he talked to Pemra chairman and also received his instructions. “Geo Super is a well reputed and largely viewed channel of the country, so we don’t want to take it off air. If they resolve the matters relating to dues within a week then we have no objection.”

The petitioner’s lawyer differed saying, “We don’t have to pay any fees and if there is any we will pay it,” he said. Salman Akram Raja said under the SC orders all the cable operators have been issued necessary instructions with reference to showing World Cup matches on Geo Super. He presented a copy of PemraÂ’s Jan 24, 2011 letter in the court which was made part of the proceedings.

The letter stated that Pemra has suspended its circular on Jan 10, 2011 while implementing the SC order of Jan 24, 2011 on the petition No 3, 2011, of IMG, SMC and Bird Pvt Ltd. And all cable operators and MMDS distributors are directed to implement in letter and spirit Pemra’s Dec 22, 2010 circular.

It should be noted that through Dec 22, 2010 circular all the cable operators and MMDS distributors were told that ESPN has awarded to IMG, and SMC (Geo TV Network) exclusive telecast rights of ICC Cricket World Cup throughout Pakistan on cable and satellite TV. These matches will be telecast on Geo Super from Feb 19 to April 2, 2011. Pemra had warned all the cable operators and MMDS distributors that in case of telecasting this event on any channel except Geo Super and violating the legal rights of IMG and SMC (Private) Limited strict legal action would be taken under Pemra Ordinance and its rules and regulations.

PTV has got World Cup telecast rights for its terrestrial network only and according to Pemra circular, besides other unauthorised channels PTV also cannot telecast World Cup matches on cable TV.

Pemra lawyer Salman Akram Raja in order to further cement the contents of the Pemra letter, stated in the court that his client would fully abide by the Supreme Court orders and would not take Geo Super off air till conclusion of the cricket World Cup. It was also said that the petitioner should sit with the respondents to settle the matter of payment of annual fee.

After this assurance, the petitioner’s lawyer agreed to take back the petition. The court ordered the respondents to abide by their undertaking and don’t take Geo Super off air till conclusion of the World Cup and implement the SC order. The court disposed of the petition with these orders.

The Supreme Court already through its Jan 24, 2011 order has asked for full implementation of Pemra’s Dec 22, 2010 circular. Therefore, whoever will violate these orders, action would be taken against him under contempt of court and in accordance with Pemra laws.
Source: The News
Date:2/2/2011