Pakistan Press Foundation (PPF) joins appeals to the Islamabad High Court (IHC) to drop contempt proceedings against Jang Group Editor in Chief Mir Shakilur Rahman, Editor Aamir Ghauri and Editor Investigations Ansar Abbasi of the groups daily newspaper “The News”. The media has a responsibility to inform the public of important developments and the contempt proceedings undermine their ability to do so.

The proceedings are a reaction to an investigative report by Abbasi published on November 15 of a notarized affidavit by former Chief Justice of Gilgit Baltistan Rana Shamim that stated that he had witnessed former Chief Justice of Pakistan Mian Saqib Nisar direct a high court judge not to let former Prime Minister Nawaz Sharif or PML-N leader Maryam Nawaz out on bail before the 2018 general elections “at any cost”.

Following the publication of the report, IHC Chief Justice Athar Minallah had on November 16 issued show-cause notices to Abbasi, Rahman and Ghauri and others, under the Contempt of Court Ordinance.

According to The News, an IHC written order from the hearing on December 28 had stated that “the three journalists prima facie committed criminal contempt by reporting on the matter”.

The former GB chief judge and others have been summoned for indictment on January 7.

The Association of Electronic Media Editors and News Directors (AEMEND) said that the contempt charges are “worrying since the journalists merely reported an affidavit which exists and has been verified”.

The All Pakistan Newspapers Society (APNS) said the “order of the court would impact on the existing state of beleaguered freedom of press and would discourage journalists from reporting on matters of public interest”.

The APNS said reporting the story “which was not denied” wouldn’t damage the respect of the court but “framing charges against the journalists would tantamount to suppressing the freedom of expression and denial of people’s right to know”.

“We entreat the honourable court to annul this decision,” said the Human Rights Commission of Pakistan (HRCP) in a statement expressing disappointment at the IHC’s decision.

Ends/PPF

The IHC judge said if any cable operator was found violating the directions of the court or Pemra, immediate action should be taken in accordance with the law.The court also asked the Pemra counsel for the compliance of the order by 12:00 (midnight) on Tuesday.

Hearing miscellaneous petitions, the IHC bench observed that if Pemra is helpless in restoring the Geo transmission, its officials should express their inability to do so. The court ruled that the licences of those cable operators who are not airing the Geo transmission should be cancelled.

“The Geo TV transmission has been stopped by cable operators, while circumstances have been creating doubts about the role of a security agency. The court will protect all the constitutional institutions,” Justice Siddiqui observed.

The IHC bench was hearing the writ petition of the Shohada Foundation of Pakistan Trust (SFPT) that it had filed against ARY television for airing defamatory programmes against the superior judges. The IHC bench also heard the contempt of court petition that was moved by the Islamabad District Bar Association (DBA) through its counsel Syed Nayab Hassan Gardezi against ARY television for airing malicious content against the superior judiciary despite the orders of the IHC.

In the SFPT petition on June 11, the same court, through an interim order, had directed Pemra to ensure that “Mubashir allowed to conduct any programme on any TV channel till final decision of the instant writ petition”. The said order was later vacated by the Supreme Court.

Today the IHC bench directed ARY TV anchor Mubashir Lucman “to watch and examine his programme “Khara Sach” and make the statement as to whether it comes within the definition of decency, morality and not as yellow journalism. He was also directed to file his statement as to whether substance aired by him comes within the parameters of code of conduct of Pemra.

Justice Siddiqui directed to issue notices to All Pakistan Newspaper Society (APNS), Council of Pakistan Newspapers Editors (CPNE) and Pakistan Broadcasters Association (PBA) to render assistance with regard to the issue agitated through the petition.

During the hearing, Mubashir Lucman undertook to provide contents of the advertisement/other programmes containing the substance violative of code of conduct of Pemra, aired by different TV channels.

In the contempt of court petition of DBA IHC, the order reads, “Mr Mubashir Lucman, anchorperson of ARY news channel, has put appearance and submitted his non appearance from the court was not intentional but due to the fact that he was in UK in connection with routine medical check up. He is directed to file reply of contempt petition in writing before next date of hearing. Mr Sabir Shakir, Bureau Chief of ARY News, informed that Mr Salman Iqbal, Chief Executive of ARY News, has reached from USA to Karachi but his health was not permitting him to further travel to Islamabad, therefore, he could not appear before the court. However, he undertakes that Mr Salman Iqbal shall put appearance on the next date of hearing.”

Hearing the SFPT application, Justice Siddiqui observed that there is an impression that Mubashir Lucman is being provided with substance of his programme by some security agency. Addressing Mubashir Lucman, Justice Siddiqui said, “Do you see your own programme by yourself? See your own programme and tell whether it does fall in the domain of yellow journalism. It is because of you and some other channels that doubts have been created among general public about judiciary and different other institutions. You people have made judiciary a ping-pong ball.” Justice Siddiqui said Geo TV is not wailing in vain that its transmission is blocked at cable. He said everyone is after the state institution. “Everyone is aiming at Justice Iftikhar Muhammad Chaudhry and Justice Jawwad S Khawaja,” he said. Justice Siddiqui further observed that the Judiciary will protect the sanctity of the state institutions. “We will see how someone would loose talk about the judiciary and the security agencies.”

Justice Siddiqui said the judiciary will inquire from all the journalistic bodies and television anchors whether there exits any code of conduct or not. “Upon misconduct we also take action against our own lawyers,” he further said.

The court after issuing notices to the above adjourned the hearing till September 22.Advocate Ahmad Hassan Rana represented Pemra, Kalsoom Akhtar Advocate represented SFPT and Syed Nayab Hassan Gardezi and Naseer Ahmed Kiani represented DBA IHC.

APP: The Islamabad High Court (IHC) on Tuesday ordered the cable operators to resume the transmission of a private television network that has been suspended from the last few months by midnight. A single judge bench of Justice Shaukat Aziz Siddiqui ordered the authorities to suspend the license of those cable operators who were not broadcasting the transmission or changed their respective position. The judge remarked that the Pakistan Electronic Media Regulatory Authority (PEMRA) should ensure implementing the court’s orders in its true letter and spirit.

The News

The court directed the SHO Margalla Police Station to lodge an FIR against the private channel.It merits mentioning here that District Bar Islamabad President, Advocate Kayani and Rao Abdur Raheem had challenged the verdict of the Justice of Peace Islamabad in the IHC. The verdict asked for the cancellation of the petition that advocated for rejecting a case against the private TV channel for committing blasphemy. The Justice of Peace had said in its verdict that presenting a ‘Manqabat’ in a TV programme was not a cognisable crime.

On the other side, admitting to hear a petition against Geo TV, it was observed that prima facie, the cognisable crime had been committed. The petitioners held before the court that giving different observations on two petitions of one and the same kind was incorrect. If details of the petition carried the impression of a cognisable crime, the Justice of Peace did not have the prerogative of conducting the probe before issuing the directives for registering the case. That is why the observation that presentation of a ‘Manqabat’ in a programme was not a cognisable crime, transgressed the limits.

IHC Chief Justice Muhammad Anwar Kaasi, in the verdict, gave a reference of a case having the title, Muhammad Bashir (PLD 2007 SC 539) in which it was stated that according to the Section 22-A(6) of the Penal Code, the Justice of Peace had got the prerogative to analyse that the information presented came under the category of a cognisable crime or not, and if cognisable crime was applicable, directives should be issued for registering an FIR.

The probe into validity of the information or its correction does not come under the jurisdiction of the Justice of Peace.The court has said in its judgment that the allegations levelled by the petitioners, in prima facie, fall under the category of cognisable crime, therefore, the SHO Margalla Police Station is being directed to ensure implementation under Section 154 of the Penal Code.

The News

It was on June 13, when the same IHC had issued notices to Salman Iqbal, Mubashir Luqman, acting chairman Pemra and secretary Ministry of Information directing them to appear before the court and explain as to why this contemptuous act was committed continuously and why no action has been taken by the regulatory authority?

Secretary Ministry of Information and acting chairman Pemra appeared before the court while the court took notice of the absence of two others and expressed displeasure. Later the court issued bailable arrest warrants for Salman Iqbal and Mubashir Luqman against surety bonds of Rs10,000 each. IHC bench directed Inspector General (IG) Islamabad police to appoint a gazetted officer for the service of arrest warrants. Acting chairman Pemra produced CDs of the programmes (Khara Sach) aired from 22nd to 31st May, 2014 as directed by the court at its previous hearing.After issuing the above said order, the court put off the matter till first week of August.

The News

Justice Qureshi decided to hold joint hearing of all petitions filed in the IHC on the Pemra issue on the said date when the court would take a decision about the appointment of Pervez Rathore as acting chairman of the authority.

The court issued the directives on a petition filed by two private members of Pemra against the appointment of Mr Rathore.

A day after his appointment as acting chairman on June 5, Mr Rathore ordered suspension of Geo News for 15 days and imposition of Rs100 million fine for ‘defaming’ the director general of Inter-Services Intelligence.

The court will take joint hearing of all petitions on Pemra issue

Earlier, show-cause notices were issued to the private members, Israr Abbasi and Fareeha Iftikhar, after they had announced on May 20 suspension of licences of three television channels owned by the Geo TV network. But Pemra’s executive member Kamaluddin Tipu disassociated himself from the announcement.

The petitioners pointed out that there was no provision of appointment of acting chairman in the Pemra ordinance, 2002.

They said the previous government had appointed Dr Abdul Jabbar as acting chairman of Pemra but in 2012 the Supreme Court set aside the appointment and observed that “it is to be noted that Pemra ordinance does not provide for the position of acting chairman”.

On May 26, the same court had suspended show-cause notices issued to the private members and a notification about appointment of Kamaluddin Tipu as member of Pemra’s executive body.

Additional Attorney General Tariq Mehmood Khokhar who represented the federal government told Dawn that the court did not stop Mr Rathore from working as Pemra’s acting chairman.

He said that after the court’s order for maintaining the status quo things would remain the same as of Monday (June 9) till June 17.

According to him, Mr Rathore is working as Pemra’s acting chairman and the court did not accept the plea of the petitioners for restraining him from functioning.

DAWN

The petition was filed by Islamabad High Court Journalists Association.The counsel for journalists adopted a stand during hearing that Article 19A of the Constitution allows every citizen including journalists to get access to the information and the journalists are the main source of information for the public.After hearing the comments the judge adjourned the hearing till September 2.

The News