IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Iftikhar Muhammad Chaudhry, C.J. 
Mr. Justice Muhammad Sair Ali  
Mr. Justice Khalil-ur-Rehman Ramday 
 
 
CONSTITUTION PETITION NO.03 OF 2011 
 
 
Independent Music Group SMC (PVT) Ltd. and another 
…Petitioners. 
 
Versus 
Federation of Pakistan and others 
…Respondents 
 
For the petitioner(s): 
 
Mr. Muhammad Akram Sheikh, Sr. ASC 
 
 
 
 
 
Mr. Mehmood A. Sheikh, AOR 
 
For respondent(s) No.2: 
 
Mr. Salman Akram Raja, ASC 
 
For respondent No.4-5: 
 
Mr. Raza Kazim, Sr. ASC 
 
 
 
 
 
Mr. M. S. Khattak, AOR 
 
Respondents No.1 & 3: 
 
N.R.  
 
For applicant in CMA 222/11: 
Mr. Irfan Qadir, ASC 
 
Date of hearing  
 
 
24.1.2011 
 
ORDER 
  
 
This is a petition under Article 184(3) of the Constitution 
which is accompanied by a Civil Miscellaneous Application for grant of 
interim relief.  
2. 
 
Mr. Muhammad Akram Sheikh, the learned senior ASC 
appearing for the petitioners submits that the first petitioner had 
entered into a Licence Agreement for Media Rights dated June 05, 
2009 with ESPN (Mauritius) Limited (hereinafter called ‘the EML’) 
whereby the first petitioner had secured the Rights to broadcast ICC 
cricket events on cable and digital satellite broadcast platforms within 
the territory of Pakistan which included the ICC Cricket World Cup to 
be held in March, 2011. It was further submitted that through 
separate agreements executed between the first petitioner and the 
Const.P.3/2011 
2 
International Media Corporation FZLLC, a Free Zone Limited Liability 
Company incorporated in Dubai and with the second petitioner GEO 
SUPER was to air the said cricketing event. The first petitioner 
consequently approached the Sindh Regional Office of the PEMRA for 
issuing 
necessary 
directions 
to 
the 
Cable 
Operators/MMDS 
distributors. The request so made by the first petitioner was allowed 
through a communication dated December 22, 2010 which is 
reproduced hereunder: - 
 
“PAKISTAN ELECTRONIC MEDIA 
REGULATORY AUTHORITY 
SINDH REGION 
GOVERNMENT OF PAKISTAN 
 
No.1(01)PEMRA-KHI/REGM-MISC/2491 
December 22,2010 
 
ALL CABLE TV OPERATORS/MMDS DISTRIBUTORS 
CIRCULAR 
Subject: 
DISTRIBUTION 
OF 
“ICC 
CRICKET 
WORLD CUP 2011” 
 
 
This is to inform that ESPN (Mauritius) 
Limited has licensed the rights for the subject event to 
M/s Independent Music Group SMC (Pvt.) Limited (Geo 
TV Network) on an exclusive basis for cable and 
satellite transmission on a live basis within Pakistan. 
The event is scheduled to be telecast on ‘Geo Super’ 
from 19th February 2011 to 02nd April, 2011. 
 
 
All 
cable 
TV 
operators/MMDS 
distributors are therefore, intimated that unauthorized 
distribution of the event through any satellite TV 
channel other than “Geo Super” shall invoke strict legal 
action, under PEMRA Ordinance and rules/regulations 
made there under, for infringement of the legal rights 
acquired by M/s Independent Music Group SMC (Pvt.) 
Limited.” 
3. 
 
All concerned appeared to have felt satisfied with the 
above-quoted communication as no one, including the respondent 
Pakistan Television Corporation and the two petitioners, never voiced 
Const.P.3/2011 
3 
any grievance nor agitated against the issuance of the above-quoted 
directions.  
4. 
 
The two petitioners, however, claimed to have been 
shocked by the issuance of a letter by the respondent PEMRA dated 
10.01.2011 whereby the above-quoted letter dated 22.12.2010 was 
withdrawn and it was to question the said subsequent letter dated 
10.01.2011 that the petitioners felt compelled to approach this Court 
through this petition for redress of their grievance. It was submitted 
that the impugned action/conduct of the respondent PEMRA was a 
gross infringement of fundamental rights which stood guaranteed not 
only to the two petitioners but even to the public at large; that the 
same was an act calculated to cause, inter-alia, huge un-bearable 
financial losses to the two petitioners; that respondents No.3 to 5 were 
obliged not to infringe the copy rights of the two petitioners nor to 
allow infringement thereof by anyone else and further that the 
impugned action appeared to be rooted in malice.  
5. 
 
Mr. Salman Akram Raja, the learned counsel for the 
PEMRA, who appeared on caveat, vehemently argued for the dismissal 
of this petition contending that the above-quoted communication 
dated December 22,2010 had been unauthorizedly issued by the 
Regional General Manager, PEMRA which was also violative of the 
relevant law regulating the subject and it was for the said reasons that 
the same had been withdrawn. On our query, the learned ASC 
submitted that a letter had been issued to the said General Manager 
on 11.01.2011 seeking his explanation about issuance of the said 
communication. A copy of the said letter was placed on our record 
which had commanded the said Manager to submit his explanation 
within seven days. Today, however, happens to be the 13th day but 
neither the explanation submitted by the said Regional Manager was 
Const.P.3/2011 
4 
placed before us nor could it be shown that any disciplinary action 
had been initiated against him for issuing the said communication 
which was being vociferously condemned by the learned counsel as a 
display of gross illegality and misconduct on the part of the said 
officer.  
6. 
Mr. Raza Kazim, the learned senior ASC appearing for the 
respondent PTV submitted that the said letter dated 22.12.2010 had 
been issued by a regional office of the PEMRA and not by the PEMRA 
itself. He, however, conceded that petitioner No.1 had been granted the 
broadcasting rights for airing the ICC Cricket World Cup, 2011 but 
added that the respondent PTV had the terrestrial broadcasting rights 
of the said tournament. He added that once the PTV broadcasted the 
event exercising its said terrestrial rights then it had no control over 
the same which broadcast could then be caught up by any person 
including the Cable Operators which Operators could then air the 
same and that the said operators were under the control of PEMRA 
and not of the PTV.. He, however, further conceded on our query that 
the PTV had not raised any grievance against the above-mentioned 
letter dated 22.12.2010 nor had it approached any forum including 
the PEMRA to agitate against the same or for its recall.  
7. 
Mr. Irfan Qadir, learned ASC has entered appearance and 
submits that he had filed an application on behalf of the Collective 
Bargaining Agent of the PTV to become a party to this lis. Let notice of 
the same be issued to all the parties to this petition. 
8. 
Having heard the learned counsel for the petitioners, the PEMRA 
and for the PTV, we are, prima-facie, of the opinion that the first 
petitioner was possessed of the requisite Rights to air the cricketing 
event in question i.e. the ICC Cricket World Cup, 2011 which had been 
secured by it from the ESPN (Mauritius) Limited and was, through the 
Const.P.3/2011 
5 
second petitioner and others entitled to air the same through GEO 
SUPER. We further find, again least prima-facie, that the PEMRA 
having issued the communication dated December 22,2010 had no 
lawful authority to withdraw the same and more so without notice to 
the petitioners especially when the petitioners had already made 
preparations and had even incurred liabilities with respect to the 
broadcasting of the ICC Cricket World Cup, 2011. Therefore, pending 
decision of this petition, the operation of the letter dated 10.01.2011 
issued by the PEMRA is suspended as a consequence whereof the 
operation of the letter dated 22.12.2010 is restored with direction to 
the PEMRA to implement the same in letter and spirit.  
9. 
 
Let notice of this petition issue to the un-represented 
respondents.  
 
 
Chief Justice 
Judge 
Judge 
Islamabad, the 
24th January, 2011 
Nisar*/