ISLAMABAD: A local court in Islamabad on Sunday sent journalist Muhammad Khalid Jamil to jail on a 14-day judicial remand in a case pertaining to spreading “provocative narrative against the state institutions through social media platforms”.

The journalist was presented in an Islamabad district and sessions court today after completion of a two-day physical remand.

During the hearing, the FIA sought more physical remand of Jamil which was rejected by Islamabad court.

After hearing arguments, he was sent to jail on 14-day judicial remand.

Khalid Jamil, the bureau chief of a private news channel, was taken into custody from his residence at Media town, Islamabad.

According to the First Information Report (FIR), the accused was found “sharing and spreading highly intimidating content/tweets on social media platforms, including X”

The FIR invoked Section 505 (statement conducing to public mischief) of the Pakistan Penal Code (PPC). It also included Section 20 of the Prevention of Electronic Crimes Act (Peca).

The FIR asserted that the journalist was found to cause “harm to Pakistan”.

Source: Ary News

The post Journalist Khalid Jamil sent to jail on 14-day judicial remand first appeared on Pakistan Press Foundation (PPF).

It was a little past midnight on Jan 1, 2014. In the town of Badah, Larkana district, journalist Shan Dahar was standing outside a small medical store located in a narrow lane. He had been working on an investigative story about free medicines supplied by an NGO for poor patients being illegally sold to local pharmacies. Suddenly a gunshot rang out. “Shan was leaning across the counter talking to me when he let out a cry and collapsed on the ground,” recalls the shopkeeper, Zulfikar Khokar. A bullet had struck him in his upper back.

By the time the medical superintendent got to the scene and Shan was transferred to Chandka Hospital in Larkana, the journalist had lost a considerable amount of blood. That, coupled with a gross lack of medical attention, cost Shan his life. Before he breathed his last, some nine to ten hours later, he alleged that the influential Zehri family was behind the attack. He had had several confrontations with members of the family, including over a documentary he had made about precious seals stolen from Moenjodaro museum, a crime in which he had implicated some individuals from the Zehri tribe.

As a senior journalist with 27 years’ experience, Shan’s death caused considerable agitation among media professionals and rallies were held across Sindh to demand the arrest of his killers. However, the investigation process became suspect almost straightaway. As in Ajay Lalwani’s recent murder, the sitting SHO at the time was transferred and two others were appointed to the post in quick succession by SSP Khalid Mustafa Korai. According to Shan’s colleagues, he had had several run-ins with the cop, and at a recent press conference had asked him how he could afford his lavish lifestyle on a policeman’s salary. A complaint lodged by the journalist at the Thana about threats against him a few days before his death mysteriously vanished.

After first claiming that the bullet that had hit Shan was fired from 20 feet, the police revised that estimate to 40 ft and then to 250ft describing it as an accidental death due to aerial firing by revelers on New Year ’s Eve. No one else in Badah died in aerial firing that night; indeed, say local journalists, no death from aerial firing has ever been recorded in the area. “And the temperature was sub-zero on the night between Dec 31 and Jan 1,” says Fouzia Dahar, Shan’s sister. “Cold weather slows down a bullet. The police also claimed the bullet first hit the wall above Shan’s head, deflected and then struck him. It couldn’t have retained enough force to do that and puncture his lung.”

Then there was the lone eyewitness to the crime itself, Munna Qadir Kandhro, the watchman at the hospital across from the medical store, who, it is believed, told some neighbours the next day about what he had seen. He was even picked up by the police but then released on bail. “He and his family disappeared from Badah and were never seen there again,” insists Ms Dahar. “Why didn’t the police track him down?” The bloodstained jacket her brother was wearing that night is still in her possession; the police, she says, didn’t even take it for forensic examination.

No one has been prosecuted for Shan’s death despite his family’s efforts. Promising leads were not followed up, such as the fact that two Zehri brothers, Amir and Irfan, were earlier seen by several witnesses that night close to site of the shooting. A re-investigation, led by the same DIG as the one who had conducted the first one, unsurprisingly arrived at the same conclusion. The Zehri brothers still live in the same town, despite a court order that they be arrested when found.

Within walking distance of where Shan was shot is a two-room press club. A group of journalists gathered there spoke to Dawn. “We don’t know for sure whether Shan was murdered — the Zehri elders even came to the family and said they were ready to pay compensation if the investigation found the two men guilty — but the inquiry was certainly not satisfactory,” said one of them. He then added: “We can expect anything from the police. The drug trade, the gambling dens here, it all happens with their patronage.”

Physical violence is not the only way to make journalists toe the line. Zaib Ali, press club president and local bureau chief of Sindh TV reveals that when he reported on the sale of illicit liquor in Badah, his brother was arrested that night for gambling. Ali Raza of Awami Forum newspaper was picked up by police some years ago after he reported on forests being cut down, and threatened with being disposed of in a staged encounter.

Another coercive ploy is administrative in nature. Reporting on corruption can result in family members with government jobs being transferred far away. One TV reporter said his wife was a schoolteacher in Sukkur, and because the local authorities were displeased with him, she was transferred to Badin, nearly 350km away.

The rot within

There is, however, another relevant issue here — the rot within the media landscape itself. It is well known that the press in Pakistan is going through a financial crisis. Massive retrenchments have taken place and salaries slashed. That said, most district correspondents have never been paid a salary, especially in the Sindhi press with the exception of one particular media house. Such a system cannot but encourage corruption in the form of news coverage for sale, or the lack of coverage, as the case may be.

Elections are a particularly lucrative time for the sale of ‘journalistic services’. “Candidates will pay anything between Rs200, 000 to Rs2m for media exposure,” says a reporter. Earlier, the deal was between the reporter and the aspiring candidate. Now, with the rise in the influence of media outlet owners, the bureau chief gets the “package”. One reporter ruefully describes the bureau chief as “SSP and feudal combined”.

The ‘desk in-charge’, who functions as the gatekeeper for the news, has his own demands. “We have to transfer money from our Easypaisa account balance if we want our reports to air. It can be anything from Rs50 and Rs500, depending on the story,” reveals a journalist in Badah.

The lack of unity among journalists makes them more vulnerable to exploitation. Badah for example, a town of less than 100,000 people, has no less than four press clubs, indicating a fragmented journalist community allied with different power centres. Other small towns in the province are no different.

Certainly, journalistic integrity can still be found, but it is a luxury that only salaried correspondents, those with family wherewithal or a second job which brings in an income, can afford.

It was not always this way. Sindhi media was in fact well known for its progressive leanings. “After the Soviet Union’s breakup in the late ‘80s, all the leftists in the province went into journalism,” says Mashooq Odhano, KTN bureau chief in Larkana. “Activists like us had studied the world before we came to journalism. We knew what democracy and human rights were.”

The feudals were extremely powerful then as well, but the truth carried a certain weight. It was the mushrooming of electronic media, believes the seasoned journalist, that sparked a decline, with vacancies far outstripping the supply of competent individuals who wanted to do journalism for the right reasons. As Mr Odhano says, “There used to be a romance about journalism. That is now gone.”

Nevertheless, the first step towards improving the media environment is to provide a secure environment for journalists. It has been some time that the human rights ministry drafted the Protection of Journalists and Media Professionals Bill. A fairly comprehensive piece of proposed legislation, it addresses the critical issue of impunity by setting up a seven-member commission with wide-ranging powers of investigation and redressal. Given the dire circumstances in which the media works, such legislation is urgently needed.

Newspaper: Dawn

ISLAMABAD: The approval of a bill by a National Assembly’s standing committee, which proposed up to two years’ imprisonment and a fine for those who “intentionally ridicule the armed forces”, has drawn ire of politicians from across the divide as well as the legal fraternity.

The criticism of the bill came on Thursday not only from the opposition parties but also from federal ministers Fawad Chaudhry and Dr Shireen Mazari.

The Pakistan Bar Council (PBC) has also asked the government to withdraw the proposed amendment.

“Absolutely ridiculous idea to criminalise criticism, respect is earned, cannot be imposed on people. I strongly feel instead of new such laws contempt of court laws should be repealed,” Minster for Science and Technology Fawad Chaudhry tweeted.

Fawad Chaudhry says respect is earned, cannot be imposed on people

He did not mention the bill, but tweeted in response to a tweet by senior journalist Mazhar Abbas who said: “Citizens were free to criticise the parliament, politicians and media but the rest is national interest.”

Human Rights Minister Dr Shireen Mazari, while reacting to Fawad Chaudhry’s tweet, said: “Totally agree. Cannot state it strongly enough.”

The National Assembly’s Standing Committee on Interior, headed by Raja Khurram Nawaz of the Pakistan Tehreek-i-Insaf, had on Wednesday approved the bill to make amendment to the Pakistan Penal Code (PPC) and Code of Criminal Procedure (CrPC) to take action against those who “intentionally ridicule armed forces”.

The bill states that anyone held guilty of the said offence could face up to two years’ imprisonment, or a fine that may extend to Rs500, 000, or both.

The bill, titled Criminal Law Amendment Bill 2020, introduced by PTI legislator Amjid Ali Khan, was approved by the NA committee amid strong objections from Agha Rafiullah of the Pakistan People’s Party and Marriyum Aurangzeb of the Pakistan Muslim League-Nawaz.

The PPP said in a statement on Thursday that it rejected any attempts to further gag the fundamental right of freedom of expression in the name of preventing defamation and disrespect of the armed forces

PPP leader Farhatullah Babar expressed grave concern over the bill and said Section 500 of the PPC already provided punishment for the defamation of anyone, and the addition of Section 500-A was aimed only at gagging freedom of expression guaranteed under Article 19 of the Constitution, in the name of national security. It is not acceptable and will be opposed at every platform, he said.

“The nation has witnessed enough of how behind the façade of ‘national security’ citizens have disappeared mysteriously, national resources diverted, internment centres set up, ex-tribal areas made a no-go area, foreign and security policies hijacked and security establishment’s business and commercial empire expanded exponentially,” he regretted.

Mr Babar said Section 500-A was liable to be grossly misused in the name of national security as Section 295-C had been misused in the name of religion.

“Defence forces working within their constitutional limits are universally admired and do not need any legislation to protect their honour and respect. Similarly, no legislation can stop people from questioning those who transgress their limits with impunity,” he said.

The PBC secretary, on behalf of the council’s vice chairman Kush Dil Khan, said in a press release that the proposed amendment to the PPC and CrPC was contrary to Article 19 of the Constitution.

“If it is passed [by parliament], it would be used as a tool against political opponents and also for their victimisation,” he added.

He said that every patriotic citizen respected all institutions of the country, including the armed forces. “Each and every Pakistani also expects from the institutions to serve the nation and remain within their domain as enshrined in the Constitution. The stance of government of Khyber Pakhtunkhwa is appreciated for opposing the said bill,” the PBC statement said.

The PBC vice chairman urged the federal government to immediately withdraw the said amendment, stating that if the amendment is passed, the PBC will oppose it tooth and nail and would also challenge it in the competent forum of law.

Newspaper: Dawn

Freedom of expression is a fundamental right. Though this right is violated in autocratic governments and dictatorships, all functioning democracies have a mechanism to defend this right without which no civilized society commands respect of the global community in the 21st century. The UN recognizes this right as enshrined in its declaration of human rights. However, a new legislation is on the cards in the country – ostensibly in the name of respect for the armed forces of the country. The bill –approved by a National Assembly standing committee – seeks to amend the PPC to send anyone to jail for two years or fine them for Rs500, 000 or both, if that person tries to defame the army. The opposition parties, the Pakistan Bar Council, and some other civil society activists and organizations have demanded withdrawal of the bill.

There are already existing defamation laws that offer plenty of coverage to any individual or organization if it feels defamed or disrespected. In fact, the NA standing committee should have known that Section 500 of the PPC is clear about providing punishment for the defamation of anyone – be it an individual or an organization. Now the new bill proposes the addition of Section 500-A, the sole aim of which appears to be gagging freedom of expression which is already under threat from various quarters in the country. The constitution guarantees this freedom which should not be curtailed in the name of national security.

The armed forces have, through the history of Pakistan, done a great deal to defend the country against both internal and external threats. By acting in this fashion, they have won respect from the people and praise from many quarters. Which is why such laws are also against the integrity of a much-respected institution. The purpose of all legislation is essentially to protect and respect the rights of citizens and all institutions are legally bound to do so. It is not a good idea to protect impunity under various disguises. The constitutional domains of all institutions are clearly defined and, given the long history of anti-political interference and interventions in the country, the right to criticize and pinpoint transgressions and violations of the constitution must remain intact

Newspaper: The News (Editorial)

ISLAMABAD: The Pakistan Federal Union of Journalists (PFUJ), Pakistan Bar Council (PBC) and Human Rights Commission of Pakistan (HRCP) are deeply concerned about the proposed amendments to the Pakistan Penal Code and Criminal Procedure Code 1898, by the National Assembly Standing Committee on Interior, which has recommended that persons who ‘disrespect’ or ‘intentionally ridicule’ the armed forces be fined or imprisoned.

The PFUJ, PBC and HRCP believe that this amendment is ultra vires to the Constitution and contradicts Article 19, which protects the right to freedom of expression and freedom of the press, the journalists, lawyers and human rights bodies said in a joint press release issued here on Friday

Expressing their alarm, PBC Vice Chairman Khushdil Khan, PFUJ President Shahzada Zulfiqar and Secretary-General Nasir Zaidi said that the amendment was designed to usurp citizens’ rights and civil liberties, which were already being muzzled by the government. They added that the people of Pakistan were well aware of the importance of state institutions, including the armed forces, and did not need an amendment to prove this.

The leadership of the PFUJ, PBC and HRCP further said that respect was earned and could not be enforced through laws. The proposed amendment intentionally or unintentionally makes the institution controversial by setting out that military officers need a punitive law to be enforced against their own people. They urged both the parliament and government to refrain from framing such laws that would also be seen as a blot on Pakistan’s image in the international community.

Our correspondent adds from Karachi: Adopting a resolution, Sindh High Court Bar Association (SHCBA) on Friday said that bar is firmly of the view that armed forces of Pakistan are subordinate departments of the ministry of defence. The armed forces like other departments and government personnel who serve the nation like the police or health workers or teachers should enjoy the respect of the people.

The bar was of the view that this respect must be genuinely earned and cannot be commanded under threat of imprisonment.

SHBCA said that it is right of the people of a democratic country to freely criticize or even mock any government body or department, including the armed forces, without living under the hanging sword of prosecution as there should be no sacred cows in a democratic polity.

The bar association considered the proposed amendment to be another attack on freedom of media (which was already under a partial gag) and on the freedom of expression generally and to be clear violation of Article 19 of the Constitution. The bar association also resolved to oppose and resist any such amendment before all possible forums to the hilt.

Newspaper: The News

ISLAMABAD: Pakistan People’s Party (PPP) rejects any attempts to further gag the fundamental right of freedom of expression in the name of preventing defamation and disrespect of the armed forces.

Pakistan People’s Party Parliamentarians (PPP-P) Secretary General Farhatullah Babar in a statement on Wednesday expressed grave concern over a bill moved by a PTI MNA and approved by the National Assembly Standing Committee on Interior seeking to amend the Pakistan Penal Code (PPC) to send anyone to jail for two years with fine Rs 500,000 or both for what has been described as ‘defamation of the army”.

He said Section 500 of the PPC already provides punishment for the defamation of anyone, and the addition of Section 500-A is aimed only at gagging freedom of expression guaranteed under Article 19 of the Constitution in name of national security. It is not acceptable and will be opposed at every platform he said.

The nation has witnessed enough of how behind the façade of ‘national security’ citizens have disappeared mysteriously, national resources diverted, internment centers set up, ex tribal areas made a no go area, foreign and security policies hijacked and security establishment’s business and commercial empire expanded exponentially.

Section 500-A is liable to be grossly misused in the name of national security as Section 295-C has been misused in the name of religion, he said.

Defence forces working within their constitutional limits are universally admired and do not need any legislation to protect their honor and respect. Similarly no legislation can stop people from questioning those who transgress their limits with impunity, he said.

When contacted, Secretary General of the PPP-P Farhatullah Babar said that the PPP would call up other political parties to enact legislation to bring intelligence agencies under the ambit of law instead of legislating to stifle dissent of fundamental of expression.

Answering a question, he said that the PPP would contact with other political parties to oppose the bill when it would move in the house for passage. He said that the PPP would also strongly oppose the bill if it would be moved in the Upper House of the Parliament (Senate).

Newspaper: Business Recorder

ISLAMABAD: Amid stiff resistance offered by the opposition parties, a parliamentary body, on Wednesday, passed a bill seeking to make intentionally ridiculing and defaming the armed forces a punishable crime.

The National Assembly Standing Committee on Interior, which met with MNA Raja Khurram Shahzad Nawaz in the chair, passed the Criminal Law (amendment) Act 2020, moved by MNA Amjad Ali Khan

Khan, while briefing the committee about the bill, said that the main objective of the bill is to prevent hatred and disrespectful behavior against the armed forces and to take strict action against those who bring disrepute to the armed forces institutions as per law.

According to the bill, the insertion of section 500A, [Act XLV of 1850], “500A intentional ridiculing of the Armed Forces- Whosoever intentionally ridicules, brings into disrepute or defames the Armed forces or a member, therefore he shall be guilty of an offence punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Rs500, 000.”

An official of the Ministry of Interior said that his ministry endorsed the proposed legislation keeping in view the current situation in the country and in order to discourage this practice once and for all.

He also requested the committee to invite the views and comments of from the Ministry of Defence in this regard. He informed the committee that his ministry referred the bill to the law directorate of General Headquarters (GHQ), the Islamabad Capital Territory (ICT) Administration, the provincial governments of Punjab, Sindh, Balochistan, and the Khyber-Pakhtunkhwa for their views.

The official said that home department of Khyber-Pakhtunkhwa has not endorsed the bill, stating that its promulgation would create conflict among the existing constitutional and statutory provisions and its misuse cannot be overruled.

Moreover, it would create discrimination with other law enforcement agencies and public offices which are against the provision of the constitution too; therefore, the bill may not be endorsed.

The response from other relevant stakeholders is still awaited, he said.

An official of the Ministry of Law and Justice said that his ministry endorsed the bill.

However, the committee’s members from the Pakistan Peoples Party (PPP) and the Pakistan Muslim League-Nawaz (PML-N) opposed the amendment on the ground that the proposed was against the article 19 of the Constitution of Pakistan which guarantees freedom of expression and it would make the institution controversial.

PPP MNA Syed Agha Rafiullah said that this law would be used for political revenge. We are standing firm with our institutions but they should not be made a sacred cow, he said, adding that criticism against institution in good faith would come under this law. You are making such kinds of legislations for personal popularisation, he said. He requested the chair to reject this bill, so that our institutions were not made controversial. PML MNA Marriyum Aurangzeb said that we already have laws related to defamation and freedom of expression.

This law will not apply to people sitting abroad but it will apply against our citizens, she said, adding that the proposed law shows an intention that is not good for institutions.

If all provinces have so far not forwarded their comments or views then why this committee wanted to pass this bill, she said.

She said that the Ministry of Law and Interior should inform the committee that which articles under the constitution provide protection to the armed forces.

“Give some time to the Ministry of Interior and Law to give a presentation regarding laws which provide protection to the armed forces,” she said.

However, the chairman put the bill for vote before the committee and asked the members to present votes for or against the bill.

During the voting, five members including the chairman of the committee voted for the bill, while four opposed it.

The committee also discussed the matter related to spread of illicit drugs especially ice in the twin cities, and summoned Inspector General Police (IGP) of all the provinces and the capital city during the next meeting to the discuss the matter in detail.

Newspaper: Business Recorder , The News

Pakistan saw “[…] serious restrictions on free expression, the press and the internet including violence against journalists, unjustified arrests and disappearances of journalists, censorship and site blocking […]” during 2020.

This analysis of the situation of press freedom in Pakistan was presented as part of the US Department of State’s 2020 Country Report on Human Rights Practices in Pakistan which looked at human rights violations in the country including the environment under which the media had to operate during the past year. Section 2 of the report focussed on respect for civil liberties which included: freedom of expression including the press.

The State Department’s annual report highlighted the restrictive, threatening and censored environment of the media in Pakistan. It is an account of where press freedom stands in the country and how rather than moving towards progress, the situation for free expression in Pakistan appears to be worsening.

According to the report, while the “law provides for freedom of expression, including the press” there were “constitutional restrictions” placed on this free expression thus limiting it. Additionally, journalists continue to face threats as well as attacks which resulted in self-censorship.  The State Department said state agencies including the Pakistan Electronic Media Regulatory Authority had “enforced censorship”.

In terms of attacks on the media, the report found that there was an “increased frequency” of threats, harassment and violence against journalists reporting on sensitive issues. 

In their report, the US State Department said there was an increased legal power for the government to “restrict information it deems prejudicial to the national interest” which the report stated resulted in the use of these laws to prevent or punish media criticism of the government.  There were also specific challenges on reporting on certain issues and from certain parts of the country where permission had to be sought from a government ministry.

The overreach of PEMRA was detailed in the report which stated that the regulatory body had issued “editorial directives” to media outlets. 

This is a trend that has carried into 2021. In its most recent directive, PEMRA has advised the media on how to cover the accountability watchdog, the National Accountability Bureau. This was a development that PPF has condemned.

Members of the media fraternity continued to experience violence and harassment. As per the report while “security forces, political parties, militants and other groups subjected media outlets, journalists and their families to threats and harassment,” women journalists faced particular “threats of sexual violence and harassment, including via social media, where they had a particularly strong presence”.

The State Department found that media reporting on topics considered as “sensitive” by authorities were “often the targets of retribution” including death, abduction, arrests and criminal cases.

In this environment, the report found that the media organizations “generally engaged in self censorship” particularly on specific topics.

As per the report, journalists said that they were “under increased pressure to report the predetermined narrative during the year and PEMRA issued editorial directives to media outlets”.

A key development discussed in the report was the government’s increased use of the “media system, as well as government advertising, which makes up a large portion of media revenue, to suppress information deemed threatening”. This was an added burden to the economic challenges created by the pandemic.

In terms of non-governmental impact, the State Department found that the violence of non-state actors against media workers had decreased. However, there remained an environment of threats, attacks and violence that led to self censorship.

The US government’s report on press freedom in Pakistan highlights the urgency for the state and its institutions to pass legislation for the safety of the media, to act as responsible state entities rather than the source of restrictions on press freedom and to ensure that the situation is improved so that the media in Pakistan does not have to operative in an environment of fear.

PESHAWAR: A case has been registered against senior journalist Ghulam Akbar Marwat in Lakki Marwat over unveiling alleged corruption in the distribution of subsidized flour.

The Food Department has also accused the journalist of blackmailing. The journalist community has condemned the vindictive action against the journalist over reporting malpractices.

Ghulam Akbar Marwat, who is president of Lakki Marwat Press Club, broke a news few days ago that the district food controller in connivance with the flour mills owners was doing malpractices in distribution of subsidized flour available from the government due to which the citizens are finding it difficult to get the flour on subsidized rates.

Ghulam Akbar Marwat said the journalists were receiving complaints from citizens that they were not receiving flour at subsidized rates. He said he unveiled the corrupt practices of the Food Department and flour mills owners due to which the district food officer got registered a case against him. The journalist said it was announced on the official Facebook page of deputy commissioner that flour bags would be provided in Mandrakhel village on official rates, but the Food Department said only 500 flour bags are available. He said he came to know that only 370 flour bags were distributed in that village. He claimed that he came to know through ‘credible sources’ that the Food Department, district administration and mills owners were hand-in-glove for this misappropriation, and now he is being punished for bringing facts before public.

The district food controller has rejected allegations against him and said the journalist has been booked over trying to hinder the official work and mislead the public.

Ghulam Akbar Marwat has got anticipatory bail from the court and journalist organizations have condemned the registration of case against him and termed it an attack on freedom of media.

Federal Union of Journalists senior vice president Shameem Shahid said targeting journalists for unveiling corruption is unfortunate. He demanded the government to withdraw case against the journalist.

Khyber Union of Journalists secretary general Muhammad Naeem said protests would be staged if the case was not withdrawn.

The journalists of Lakki Marwat have also condemned action against Ghulam Akbar Marwat and said journalists cannot be suppressed through such tactics.

Website: MENAFN

Office bearers of CPNE said in a statement issued on Saturday that some unknown persons attacked on newspaper’s office who not only took away costly office equipment but also set on fire its record.

The CPNE leaders asked the caretaker governments that at this stage when whole nation is prepared for free and fair elections next month continuation of such type terrorism acts against media seems to be a conspiracy against next general elections.

The CPNE officers have urged the caretaker government to forcefully stop attacks of terrorists against media people. It is mentioned here that Haji Abdur Rehman, a journalist of daily Tawar, has been missing for one month while its three journalists h

Source: The News