C.P. No. 3506/2020
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justification for establishing the Councils of Complaints, the bodies
comprising the members of the public i.e. “citizens of eminence”.
Alternatively, it has been argued that the power of PEMRA under Section
27(a) is to be exercised by PEMRA suo motu i.e. on its own, while the
complaints from the general public are to be dealt with by the Councils of
Complaints under Section 26(2). This argument has also not impressed
us. In fact, it appears to be anomalous. For, it gives no plausible answer to
the question as to how the matter will proceed if PEMRA takes a suo motu
initiative of reviewing the contents of a programme and a complaint is also
filed before a Council of Complaints for the same purpose; which of the
proceedings would be carried on and which stopped, or would both the
proceedings continue simultaneously. Such a state of affairs would lead to
confusion and thus frustrate the legislative intent and object. Such an
interpretation of the statute cannot therefore be encouraged.
14.
Further, the apprehension of the learned counsel for PEMRA
that if the power of PEMRA to act in such matters suo motu is not
conceded, it would frustrate the role of PEMRA as a regulatory body, is
also misconceived. There is no bar on PEMRA under the PEMRA
Ordinance to take notice, either on its own (suo motu) or on the
information received from any source, of the alleged contravention of any
provision of the PEMRA Ordinance, rules, regulations or code of conduct
in relation to the broadcasting of any programme or advertisement, and
then to refer the said matter to a Council of Complaints for reviewing the
same and rendering its opinion thereon in terms of Section 26 of the
PEMRA Ordinance. It is worth noting that as per Rule 8(4) of the Councils
of Complaints Rules, the Councils of Complaints are bound to take
cognizance of any matter referred to them by the Chairman or PEMRA and
to render their opinion thereon. Rules validly made to carry out the
purposes of a statute are an integral part of that statute.7 It is, therefore,
also necessary to read them in conjunction with the statute to fully
understand the operational scheme of any particular provision of the
statute.
15.
It has also been argued on behalf of PEMRA that the Councils
of Complaints have no power under Section 26(5) to recommend an action
of prohibiting the broadcast of any programme and can only recommend
the action of censure or fine. As such, it has been argued, that Section
27(a) confers an independent power on PEMRA which is not dependent
7
Ibrahim v. Regional Transport Authority AIR 1953 SC 79 (5-MB); National Insurance Co. v. Swaran Singh
AIR 2004 SC 1531 (3-MB).