Daily Times

ISLAMABAD: The Supreme Court on Wednesday allowed Pakistan Electronic Media and Regulatory Authority (PEMRA) to undertake the process of bidding for Direct to Home (DTH) Licenses. The top court however made it clear that PEMRA would not finalise the contract or bidding. “No final award of bidding or contract would be made by the petitioner (PEMRA),” the top court ruled.

The Supreme Court granted permission for carrying out the bidding process on the condition that the matter would be subjected to the final judgment of Lahore High Court (LHC). “Any process undertaking in pursuant to the order of this Court shall be subject to the final determination by the high court,” it ruled. The court in its order on the petition of PEMRA also observed that no right or interest shall be created or claimed by any bidder who may participate in the bidding process of DTH Licensing.

An application was filed seeking suspension of the process for the grant of DTH Licenses filed by Independent Newspapers Corporation (PVT) Limited, the respondent in the instant petition, in LHC. The said application was heard by LHC’s full bench but no order was passed. However, on 22 November, a fresh application seeking the same relief was taken up by LHC and restrained PEMRA from opening of tenders and conducting bidding for the grant of DTH Licenses.

However, PEMRA filed petition under article 185 (3) before the court challenging the order stating that the superior court failed to appreciate the law that the interim relief could not have been granted only on the ground that the judgment had been reserved in the main case.

In the presence of PEMRA Rules 2009 or the SRO 774(1) of 2016 cannot be suspended without the Rules having been suspended, the petition stated. A three judge bench of the top court headed by Justice Mushir Alam also expected that LHC, seized with the matter of DTH, may proceed to finalise the same at the earliest. During the course of hearing, Salman Akram Raja, counsel for PEMRA, informed the bench that bidding process had been postponed twice due to litigation in LHC.

He said that the bidding date had attracted widespread interest, including from foreign parties. The prospective bidders had arrived in Islamabad to participate in the bidding when at the last moment the bidding process has been brought to a halt. He apprised the bench that after bidding, further processes were required to be undertaken including payment of various deposits and fees.

The top court while disposing of the petition allowed the bidding process and ruled that the process shall be subject to the final determination by the High Court.