C.P. No. 3506/2020 3 lethal attempt to induce the younger segments of the society with an obvious intent to go against the commonly accepted standards of decency and to distort the social fabric by dislodging century old cultural & social norms/mores of the society. Transcript of a few video clips showing intimacy between brother-in-law and sister-in-law is enclosed herewith at (Annex-I) for ready reference. In one of its replies, ARY took the following stance: [T]he drama serial “JALAN” does not contain any objectionable content which may hurt the feelings of any viewers or violate any social, moral, religious or cultural norms. It is categorically submitted that there is no vulgarity or obscenity in the said drama serial and it only portrays a story of a social issue and further highlight[s] the adverse consequences of such conduct. The subject drama serial further highlights the issue of “mental illness”. It is submitted that the said drama serial does not promote any anti-social behaviour but rather acts as a deterrent as it shows the adverse consequences that people can suffer due to their actions. There are no violations of any regulations or code in the script, dialogues or scenes of the drama, which is the reason why PEMRA has been unable to point out any particular violation(s). In both of its replies, ARY also raised the objection regarding the jurisdiction of PEMRA to issue the show cause notice without first obtaining the opinion of a Council of Complaints under Section 26 of the PEMRA Ordinance. PEMRA did not take notice of this objection and, without catering to the same, passed a prohibition order under Section 27 of the PEMRA Ordinance on 29 October 2020, prohibiting ARY from airing the drama serial (“prohibition order”). 4. ARY then preferred an appeal against this prohibition order before the High Court of Sindh under Section 30A of the PEMRA Ordinance. While allowing the appeal and setting aside the prohibition order by its judgement dated 11.11.2020 (“impugned judgement”), the High Court held that the legislature has empowered the Councils of Complaints, under Section 26 of the PEMRA Ordinance, to receive and review complaints against any aspects of the programmes and to recommend appropriate action to PEMRA, and that PEMRA could not have bypassed the Councils of Complaints in making the prohibition order. The present petition has been filed by PEMRA for leave to appeal against this judgement of the High Court. 5. We have considered the oral as well as written arguments of the learned counsel for the parties and examined the record of the case. Regulating two fundamental rights: freedom of expression and right to information. 6. First of all, we think it appropriate to conceptualize the framework of establishing a regulatory authority like PEMRA under the law, i.e. the PEMRA Ordinance. This can best be contextualized in the framework of regulating the fundamental rights to freedom of expression