An FIR was lodged on the complaint of a lawyer in May against the management of Geo TV, Shaista Lodhi, the host of Utho Jago Pakistan programme, and some others on charges that they aired objectionable content in the morning show.

Abdul Maroof, special public prosecutor of ATC-III, wrote a letter to the SHO of Mithadar police station on Saturday, stating that, in his view, basic elements of criminal liability were missing in the case due to absence of “mens rea”. He argued that the offence caused to viewers was unintended.

(“Mens rea” is a legal term which literally means “guilty mind”. This forms the basis for a notion that those without sufficient mental capability cannot be judged guilty of a crime. In courts, “mens rea” must be established to prove that a crime has been committed.)

Maroof maintained that since lodging a case in respect of broadcasting offences was barred under Section 34 of the Pemra Ordinance 2002, the case had become illegal, adding that the contents alleged in the FIR fell within the ambit of broadcasting offences case was lodged at Mithadar police station under Sections 295-A [deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs], 298-A [use of derogatory remarks, etc in respect of the Holy Prophet (PBUH)] and 34 (common intention) of Pakistan Penal Code, read with Section 7 of Anti-terrorism Act 1997.

DAWN

The District Bar Association, Islamabad, has challenged dismissal of their application against the TV channel for blasphemy in the IHC. On Monday, CJ Anwar Kasi accepted the Bar’s application.

During the hearing, Bar president Nasir Ahmed Kayani and others were present in the courtroom while lawyer Raja Khalid Mehmood representedthe government. Kayani argued that additional district and sessions judge, justice of peace, Muhammad Jahangir Awan, had ordered FIR against Geo TV and not against ARY TV on the Bar’s application against blasphemy committed by the both. He appealed that the court should order Margalla Police Station to lodge the FIR against the private TV channel.

Standing Council Raja Khalid Mehmood contended that a channel aired blasphemous content once and then apologised but the other channel aired the same repeatedly. After completion of arguments, the court reserved the short order for a while before announcing it. It may be mentioned that the Bar moved court for registration of cases against TV channels after the police refused to lodge the cases.

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On the other hand, Sargodha’s sessions’ court reserved verdict until June 7 on a petition filed against 20 TV channels, the information and broadcasting minister, Pemra officials and cable operators.

Moreover, petitions have been filed with the Gujranwala district and sessions judge and Sialkot DPO to register cases against ARY Chief Executive Salman Iqbal, Mubashar Lucman, Haji Jan Muhammad, ARY director Muhammad Iqbal, director Muhammad Mehboob, director Anwar Maqsood, Dunya TV Chief Executive Mian Amir Mehmood, Samaa TV CEO Naveed Siddiqui, Express News CEO Sultan Ali Lakhani, Amjad Sabri, Zaki Zaman and others.

District and Sessions judge Syed Tauqir Bokhari will hear the petition today (Thursday). A petition against the TV channels was filed by a citizen Prof Shahid Mehmood in Sialkot. In a village of Sargodha, Fatima Jinnah Colony; a resident Muhammad Ilyas Qadri filed a petition against the information minister, Pemra officials, cable operators, ARY, Express, Dunya News, Samaa TV, Aab Taak TV and Geo TV owners and others in the sessions’ court.

In Mianwali, on a petition filed by local trader Falak Sher Awami, a case was registered against ARY CEO Salman Iqbal, anchorperson Mubashar Lucman, anchor Nida Yasir, Amjad Farid Sabri qawwal, Samaa TV CEO, Dr Shaista Lodhi, Veena Malik, Asad Bashir Khattak and other responsible persons of Geo on the orders of district and sessions judge Sohail Ikram.

On court orders, a case was registered against Geo in Jaranwala while orders were issued for registering a case in Burewala. In Sahiwal, a court disposed of a petition against Geo, directing the police to register a case if the applicant is aggrieved otherwise if allegations are not proven then legal action should be taken against the applicant.

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Besides their unconstitutional role in suppressing the freedom of expression, the hidden hands are busy inciting religious hatred against the Jang Group — their last and most lethal weapon after failing on all other accounts.

Jang Group has been subjected to such victimization that in the past few days its editor was attacked in Multan and its vans carrying bundles of newspapers in Lahore, Lodhran and Rawalpindi were burnt after a sustained campaign launched by the hidden hands through the rival media groups, the politicians who love to remain in their pockets and the religious clergy whom they have been feeding since long.

The rival media groups, ARY, Express and Saama TV, which have been in the forefront of hurling the allegations of blasphemy at Geo TV for airing the Qawali, had themselves committed blasphemy for airing the same (Qawali) on a number of occasions with dances of girls and other stuff and have never apologized for the blasphemous act. They did this before Geo aired the Qawali once, and afterwards also aired it dozens of time to instigate people. Geo had admitted its mistake, tendered an apology under the Shariah but is still subjected to violence and suppression only because the hidden hands are not happy with Geo, not because of the Qawali issue but on Hamid Mir’s statement.

Among the stooges of establishment, who tried to make their presence felt at Aabpara, is Imran Khan who is the only politician and head of a party who conducted a press conference on the blasphemy issue and only accused Geo of committing it while paying a blind eye to the ARY, Express and Saama TV?

Again, to get noticed before the hidden hands, PTI is the only political party in the country to have moved a resolution against Geo TV in the Punjab Assembly over the blasphemy. Such an attitude of a politician who claims to have gathered eight million votes, has put the lives of thousands of employees of Jang Group in danger, but for Imran getting noticed before hidden hands is important than thousands of lives.

The paid stooges of the establishment who aired the Qawali showed by Geo, dozens of times only to incite religious hatred among the public, also contributed to bring a few people to such a level that they started burning the properties of Jang Group and beating its employees. However, the recent incidents show that all such things were done by trained and professional people. The role of most of religious parties remained exceptionally well in toning down the sentiments of people aroused by the rival media group against Geo. However, a few so-called religious scholars who have known links with the establishment, in a bid to get noticed before hidden hands like Imran Khan, did come forward and issued decrees against the Jang Group.

They did not have the following of more than a few hundred people across the country but they played a dirty role against the Jang Group and their representatives and followers also remained present in front of Pemra offices to close down Geo. They organized protests against Geo despite knowing the fact Geo has tendered apology while other channels did not.

On the other hand, the journalist community stands by the Jang Group as huge rallies were organized in support of Hamid Mir and Jang Group last Friday.

President Pakistan Federal Union of Journalists Afzal Butt said there were names of Allah Almighty, Prophet Muhammad (SAW) and Ahl-e-Bait written on the newspapers burnt in Rawalpindi and asked if it was not blasphemy.

He asked if those Ulema who proactively issued decrees against the Jang Group over the Qawali will issue a decree against those who had burnt the names of Allah, Prophet (SAW) and Ahl-e-Bait. “If not, then it will be clear that decrees against Geo were issued at the behest of hidden forces,” Butt maintained.

The News

Senators called on the government to take the ongoing crisis, stemming from the assault on Hamid Mir, seriously and take corrective measures to arrest it or some forces unhappy with the 18th Amendment and revival of 1973 Constitution could intervene.

Senator Prof Sajid Mir insisted that after the apology by the Geo management, the matter should have ended there and then and instead of banning the channel, the entertainment show team might be penalised.They opposed curbs on Geo and called on media houses to join the democratic forces to wriggle out of the crisis, as its escalation would endanger the entire system.

Led by PPP’s Mian Raza Rabbani, the opposition legislators walked out of the House to register their protest on what he called the government’s capitulation to the terrorists and against a handful of IPPs, who have warned that if the outstanding Rs300 billion are not paid to them, loadshedding would jump to 14 hours a day.

Rabbani recalled how the rulers had promised to the nation to end the loadshedding after coming to power and now were looking the other way. He added it was also committed in June 2013 that after payment of Rs480 billion to the IPPs to end the circular debt, there would be a marked decrease in power outages but that was not visible.

While making payment of circular debt, he alleged, some favourites were given benefits and now the IPPs association had written a letter to the Ministry of Water and Power, warning that if Rs300 billion outstanding were not paid, loadshedding would increase to 14 hours per day.

“Have the rulers mortgaged the state of Pakistan to a handful of capitalists who have now hurled a threat at the government? Has the writ of the state reduced to this level?” he wondered.

Leader of the House Raja Muhammad Zafarul Haq in a lighter tone proposed that it should be made part of the orders of the day that the opposition would stage a walkout from the House, which has now become a routine.

He promised to ask the minister concerned to present in the House a list of IPPs which had introduced this policy and struck an agreement on much higher power tariff with the IPPs.Awami National Party Senator Afrasiab Khattak, taking part in the debate on the latest political situation, pointed out that from time to time, the democratic system in Pakistan faced threats, a sequence which had started from the era of General Ayub Khan to prove that politicians and parliament were bad.

He noted how after some politicians were found to be having bogus degrees, all politicians were called cheats following the 2008 polls. Now one year after the last year’s election, the entire electoral process is being made controversial and big rallies organised by raising voice about rigging in the polls.

The senator recalled how three big political parties were asked not to take part in the elections while terrorists supported others to win and form the government. “We also have reservations over the polls but never want to derail the democratic system,” he said.

While the political parties had matured during the 1990s and learnt their lessons, now new characters (Imran and Qadri) were leading rallies and subverting the national consensus that an operation must be launched against the terrorists and that non-democratic forces should not intervene.

“One decision has to be taken who should run the country, elected representatives of masses or others,” he said. On the media front, Khattak charged that majority of the media houses were playing the role of Raja Porus elephants who had trampled own troops. He said had the Media Commission’s recommendations been implemented, the situation would have not escalated to the present level.

He alleged that the electronic media had been turned into factories of ‘kafir sazi’. The senator accused the government of inaction over the present situation and said it was trying to make imperial its own rule by turning its back to parliament, as neither the prime minister nor his ministers or even secretaries come to parliament.

About the latest military action against the terrorists in North Waziristan, Khattak said the government should take parliament into confidence as to what had gone wrong, for they had been talking about the success of the peace process with the Taliban.

Like the politicians who had rendered sacrifices for democracy, journalists had also won the freedom of expression through a painful struggle. Prof Sajid Mir of the ruling PML-N said levelling allegations against the top intelligence agency was not a strange thing, as it had been done in the past as well and even in the missing persons case, fingers were pointed at them.

However, he said that it was wrong to focus on the ISI for eight hours and insisted the family viewpoint of Hamid Mir should have been presented only once. Then he turned to the rallies and alleged these consisted of either those who on their own could never come to power or who belonged to the banned outfits, having their strings attached to the military institutions.

Senator Mir saw in the ongoing media outcry an element of professional jealousy and added certain media houses and newspapers were overplaying the Geo-related issue. “If any channel is shut, it will set a bad precedent and other channels will also face a similar fate in future,” he warned.

On the 2013 poll controversy, he contended that electoral disputes should have been decided earlier and should be raised at proper forums instead of taking to roads and streets. He added some sponsored events were taking place that people of choice should come forward and some parties that were nurtured by the military were leading for derailment of the system.

He defended the government’s steps with regard to the Hamid Mir attack and the Geo issue and pointed out who had formed a judicial commission, referred the ISI’s complaint to the Pemra and said the government wanted the resolution of poll issues as per the law.

Senators Kulsoom Parveen and Kamil Ali Agha strongly opposed the bid to defame the military and the ISI and said Pakistan’s security and strength were making them stronger.

They called on the government to act with impartiality in dealing with the Geo issue or institutional controversy would increase further. Senator Kusloom said Imran had a political status and no one had the right to call him inexperienced or immature and insisted that it should be left to the people to decide.

The News

Senators were intrigued over the process of bringing people on the roads and provoking them about a morning show by Geo entertainment channel. They wondered why the matter was not being put aside after the channel and its anchorperson had publicly apologised to the nation and, above all, sought forgiveness from Allah Almighty.

Leader of the Opposition Aitzaz Ahsan said he was ready to play his role in the constitution of a House committee to douse the raging fire among various media houses. The proposal to this effect was floated by PPP Senator Farhatullah Babar, who wanted the Senate to play its role in defusing the situation between the media groups.

Senators expressed their views on a joint motion moved discuss the political situation developed recently due to certain reasons.Senators saw the situation created against Geo and the Jang Group as the part of a larger conspiracy to derail the incumbent political system. They urged other TV channels to be mindful of the likely cubs on the freedom of expression in case, Geo was banned.

They were concerned over divisions among the TV channels and underlined the need for sorting out their differences to see media as a strong pillar of the State.PPP Senators Aitzaz Ahsan, Mian Raza Rabbani, Farhatullah Babar and Saeed Ghani alleged their party and leadership had been the main target of Geo and the Jang Group, but they were strongly against putting curbs on Geo.

They noted what the channel had shown immediately after the assassination bid on noted anchorperson Hamid Mir was totally wrong and improper but once the matter was taken by Pemra following the filing of a complaint by the Ministry of Defence, the situation should have eased out but instead, it was further allowed to escalate.

“I fear if things are let moving as they are. What will be the result? A lynch mob may torch a Geo van along with those on board one day. Only then the nation will be in shock and the anchors and religious people will say, they did not say anything wrong,” Aitzaz warned.He wondered how those sent notices by the courts would appear before the courts in the given situation with risks lurking around.

About other TV channels, Aitzaz said tomorrow they could also unintentionally make a mistake while referring to the Geo and Jang Group’s apology on the morning show. He wondered how anyone could say the doors of seeking forgiveness were shut while the Almighty is Ghafoorur Rahim and Rehmatulil Alameen is His Prophet.

“There must be no ban on Geo, otherwise there will be ban on the freedom of expression,” the veteran lawmaker maintained.He termed certain anchors as small pharaohs within themselves, who always looked to impose their opinion on their guests.

Aitzaz regretted that Pakistan was fast becoming lepers’ colony, curbs were being imposed, no cricket team or player was ready to visit Pakistan while businessmen wanted meetings abroad.

Earlier, opening the debate, Rabbani strongly warned against any bid to bring changes in the federal parliamentary system enshrined in 1973 Constitution and said all democratic and progressive forces had consensus thereon. He said Pakistan’s survival would be at stake as a Federation, if quasi presidential, dictatorial or technocrat or any form of system was imposed on the nation.

While referring to the military takeovers in the past, he said Pakistan was today a transformed country and gone are the days of forced and forged alliances. Similarly, he added that gone are the days of putting curbs on the media and regretted how differences are being fanned in the media.

He pointed out in Khyber Pakhtunkhwa, urban Sindh and Punjab, religious militancy, sectarianism and intolerance was nurturing and by using name of Islam, political agenda was being furthered and said the security forces along could not face this challenge unless all political forces and the masses stood by them.

In case, political system was to be replaced with dictatorship, centralisation of power would take place, provincial autonomy and devolution process would be rolled back and the sense of deprivation that had been addressed to a certain degree would be back with more intensity.

He referred to Pakistan Tehreek-e-Insaf and Pakistan Awami Tehreek rallies and protests after one year following the general election and said they also had their reservations about poll transparency but would never allow derailment of the system.

Rabbani said how the entire poll process was made questionable and the role of ex-CJ and the Election Commission was criticised in a systematic manner and now the media, which could be a check on the system and work as a watchdog, should not be subjected to any curbs.

He recalled how the general elections were made controversial and Pakistan National Alliance movement was launched and then given a religious turn, and if today the situation was carefully studied, things appeared to be moving on that direction and signs were ominous. Rabbani urged the democratic, political and progressive forces to have soul-searching as this time, not the Constitution but the Federation was at stake.

Farhatullah Babar pointed out that the situation being evolved after the controversial content on a Geo channel, with PTI and PAT taking to streets, and a the sane elements their serious reservations over the way DG ISI image was shown on Geo TV and hurling allegations at him was improper.

However, the senator said it was unfortunate that the allegation was hurled at an institution that had faced such allegations before at the Supreme Court, the Parliament and its committees and the Commission of Inquiry on Enforced Disappearances, and the same was levelled by a channel in a hurry that was totally wrong.

The senator was personally concerned over the media being at loggerheads with itself and said this way, the pillar would be weakened, and regretted some media houses were undermined by other rivals and hence were weakening themselves.

He thought some other media houses would come forward to sort out matters and added the House should not detach itself from the threats being posed to democracy and in the given situation; the Senate should play its role and the Leader of the House and the Leader of Opposition should form a panel to look into the matter.

“If things moved forward as they appear to be, the media may collapse, and then democracy would be under threat,” he cautioned.

Saeed Ghani and Abdul Rauf of PkMAP called for defusing the situation and letting the Pemra to decide on the complaint filed by the Ministry of Defence. Abdul Rauf regretted that some channels were waiting for shutdown of Geo so that they could increase their ratings.

Speaking on a motion, he moved, Senator Babar called for urgent revamping the Pakistan Olympic Association (POA) in the light of the national sports policy adopted by the cabinet and duly endorsed by the Supreme Court SC and the recommendations of the sports federations and the Senate Committee on Inter-Provincial Coordination, failing which, he said, a disturbing signal will be sent that a lone individual can hold to ransom the country’s institutions with impunity.

The House then unanimously adopted a resolution moved by him calling upon the government to uphold ‘at all cost’ the national sports policy. The resolution said: “This Hose calls upon the government to uphold the National Sports Policy, the decision of the cabinet, the verdict of the SC and the recommendations of the sports federations and the Senate committee in dealing with the matters of Pakistan Olympic Association. It further calls upon the government not to succumb to any pressure, intimidation and coercion, internal or external in implementing the sports policy in letter and spirit.”

Earlier, in their speeches, senators from both sides of the aisle, called for giving top priority to sports in the country, as space for playgrounds and stadiums was shrinking owing to commercial reasons and terrorism. Senator Kulsoom Perveen BNP-Awami referred to a cartoon, which appeared in Daily Jang on Monday about how PCB matters were being handled. Saeed Ghani said on the opposition of a political party, no one had the right to ban any channel.

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Even the recent example shows that each lobby needs the support of the people; for instance agencies engineering their support in the media and on the streets by some innocuous groups, political parties and banned organisations. The beleaguered television channel is also trying to woo the ruling party and professional journalists, besides appealing to the public. The people in turn should take sides keeping in view which power lobby’s success will give them more space and expand their rights.

There are lessons to be learnt by both sides from this conflict. First, let us take the media as it is better to start with self-criticism. Lesson one: responsible journalism is only possible when media practitioners keep their cool and objectivity while covering an event no matter how tragic it is. It is easier to be objective at other people’s expense but the real test of maturity is when the media is itself a victim. Second, journalists should keep a respectable distance from the agencies and religious and ethnic militant groups. These groups and agencies can be the source of a story lead, but journalists should keep their independence and objectivity. Usually, these powerful militant groups and agencies are harsh on renegades. The CIA’s term ‘burn the sources’ resonates in my mind.

For the powerful establishment the lesson is that times have changed and it is not possible to claim sanctity these days. They have seen that in the courts and hear it all the time in the media. The media and the superior judiciary do not spare even the president and the prime minister, so the civil and military bureaucracy cannot be above criticism. People who maintain that sensitive agencies should not be discussed and that it is not done anywhere should read a number of stories and books written criticising the CIA. Closer to home they should watch Indian movies like Rang de Basanti and the more recent Madras Café.

However, a more important thing to be discussed by the people is the narrowing space for freedom of expression, where freedom of the press is just a small part. Unfortunately, intolerance is rising by the minute in our country and the blasphemy law is being used by the extremists to silence those who do not agree with them. Brave Rashid Rehman was killed for defending a blasphemy accused. Some Station House Officer (SHO) in Punjab avenged his insult and got a stooge to file a blasphemy case against 68 lawyers who had protested against him. A teenager walks into a police station and kills an Ahmedi held on alleged charges of committing blasphemy.

All this should open the eyes of the rulers to notice how we are moving towards a state where dissent and debate are becoming difficult and the environment is suffocating. It is time to accept that Pakistan is an ailing state, which needs to be saved. A concerned NGO, the Pakistan Women’s Foundation for Peace, recently held a seminar in Karachi on ‘saving ailing Pakistan’. My submission is that the first step towards saving Pakistan is to accept that the state is ‘ailing’, perhaps a better alternate than ‘failing’. Next we have to diagnose what is the cause and not just tackle the symptoms.

Let us run some diagnostic tests and score the symptoms. Pakistan rates poor on the following in the Legatum Prosperity Index: rule of law, state security, national cohesion, smart power, positive projection of the country, health and population control. It scores average on the following five indicators of the index: governance, economic growth, democracy, personal freedom and national resource management.

The exception may exist for the military, which because of its organisational discipline and availability of substantial funds can perhaps score ‘good’. Yet, in spite of such a strong military, Pakistan’s internal security and national cohesion would score ‘weak’. Average ranking in most of the criteria means that Pakistan is a ‘borderline’ case and not a ‘failed’ state. Pakistan stands at 132 out of 142 states in the Legatum Prosperity Index. In the last few years, we have fallen from rank 107 to 132.

Now, let us briefly look at the external factors that add to the miseries of ailing Pakistan: the US, India, Afghanistan and Iran do not trust Pakistan and Pakistan does not trust them equally as much. This trust cannot be restored till Pakistan stops interfering in other people’s affairs, and concentrates on building a welfare state for its own people. Internally, the army does not trust the ‘bloody’ civilians’ governments, politicians do not trust the army, which has ruled the country half of its life and intrigues to destablise elected governments, the judiciary does not trust politicians and the feeling of distrust is mutual.

Smaller nationalities do not trust the Centre and Punjab, the establishment does not trust smaller nationalities. Thus ‘why’ is the most important question to understand what is ailing the state.

There are a number of factors that set the political, social and economic course of a country. These factors also explain a dangerous rise of religious extremism. We have to know why Muslims, who were a small minority of India that ruled most of the subcontinent for 650 years, were suddenly cured of their amnesia to realise that they were a separate nation. As India started moving towards self-rule, the basic demands of the Muslims were secular in nature: demanding higher share in jobs and assemblies in Muslim minority provinces and more autonomy for Muslim majority areas. These demands evolved and expanded into the claim for a separate homeland for the Muslim nation.

To achieve this goal, the All India Muslim League (AIML) exploited religion dangerously during the movement particularly after the 1937 elections defeat. The same religion, which was used as a ‘means’ to achieve the AIML objectives is today consuming Pakistan and the people are suffering from extremism, intolerance and terrorism.

Daily Times