Zaid Hamid has, in his petition, sought initiation of a treason trial against several journalists associated with the South Asian Free Media Association, including Khalid Ahmed, Beena Sarwar, Sarmad Manzoor and Imtiaz Alam, besides anchorpersons Nusrat Javed, Hamid Mir, Najam Sethi, Hassan Nisar as well as former president of the Supreme Court Bar Association (SCBA) Asma Jehangir. The petitioner has contended that the respondents have been undermining the message of Muhammad Ali Jinnah and Allama Iqbal, the Two-Nation Theory, ideology of Pakistan and above all the “glory of Islam”, at the behest of India, and thus portend an existential risk to Pakistan’s national security. The petition also sought a ban on their appearance on TV because “these people gave statements against the Two-Nation Theory, the constitution and Quaid-i-Azam”.

Zaid Hamid has also prayed to the court that an explanation be sought from minister for information and broadcasting, Pakistan Electronic Media Regulatory Authority and director general of the Inter-Services Intelligence over broadcast of such “anti-country” content. The petition was filed by Zaid Hamid two years back on March 27, 2012.

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In Islamabad, Justice Riaz Ahmad Khan of the Islamabad High Court (IHC) suspended the order of an Additional District and Sessions Judge (ADSJ) and Justice of Peace Muhammad Jehangir Awan who had directed the Islamabad police on May 3 to register an FIR against Geo officials and journalist Amir Mir.

In Rawalpindi, Justice Sardar Tariq Masood of the Lahore High Court (LHC) Rawalpindi Bench, dismissed a petition and an application of a private person seeking Pemra to proceed against Geo TV.

In Bahawalpur, District and Sessions Judge Muhammad Rasheed Qamar dismissed on Monday a petition under Section 22-A for the registration of an FIR against Geo TV and the Jang Group. It was filed by one Ghulam Abbas, a resident of Bankers Colony, Bahawalpur.

In Faisalabad, Additional District and Sessions Judge Muzaffar Hussain Gul disposed of a petition submitted by Arshad Ali Awan advocate for the registration of a case against Geo News.

In Lahore, Additional District and Sessions Judge Ghulam Abbas Sial directed the SHO concerned to proceed strictly in accordance with the law.The Islamabad High Court bench also issued notices to the respondents in the two applications challenging the order of the ADSJ.

Faisal Iqbal Khan, Amir Abdullah Abbasi and Behzad Haider, legal counsel for the Geo officials and Amir Mir, contended before the court that the petitioner has no locus standi and the Ministry of Defence has already lodged a complaint with Pemra in this regard.

They argued that to file a complaint, it is necessary to access the police for registration of an FIR before coming to court. A station house officer (SHO) had intimated the ADSJ that the police received no such application but even then the judge ordered the registration of an FIR.

The lawyers argued that the attack on Hamid Mir was also outside the territorial jurisdiction of Islamabad.Meanwhile, Justice Sardar Tariq Masood of the Lahore High Court (LHC) Rawalpindi Bench, dismissed a petition and an application of a private person seeking Pemra to proceed against Geo TV under Sections 27, 30, 33 and 34 of the Pemra Ordinance 2002 and against the Ministry of Interior for lodging a complaint in terms of Section 196 CrPC against the management of the Geo TV network.

The petitioner through another application sought from the court to direct Pemra to stop Geo TV from airing programmes allegedly against the ‘sensitive’ institutions. LHC Rawalpindi Bench, however, dismissed both petitions and a detailed judgment is yet to come.

Petitioner Syed Khalil Hussain Shah Kazmi, a resident of Jhelum, made Pemra, the federation through the interior and information secretaries, Geo TV and the Ministry of Defence through its secretary respondents. He described himself as a social worker.

The petitioner alleged Geo TV has violated the provisions of the Pemra Ordinance. “Controversial and objectionable programmes” telecast by Geo TV after the attack on Hamid Mir are also covered by section 120-A, 120-B, 121 and 123-A of the Pakistan Penal Code (PPC), he contented.

The petitioner said that it is the primary duty of the federal government to defend and protect national institutions, particularly the institutions of national security and the armed forces.

The petitioner pleaded that the government should have not only ensured proceedings under the Pemra Ordinance but also launched a complaint under Sections 196 Criminal Procedure Code (CrPC) against the management of Geo TV and others. The petitioner prayed to the court to direct the Ministry of Interior to lodge a complaint in terms of Section 196 CrPC against the management of the Geo TV network.

Ameen Abbasi adds from Bahawalpur: District and Sessions Judge Muhammad Rasheed Qamar dismissed a petition under Section 22-A for registration of an FIR against Geo TV and the Jang Group filed by one Ghulam Abbas, a resident of Bankers Colony, Bahawalpur, on Monday.

Before dismissing the petition in preliminary arguments, the judge asked the petitioner and his counsel, Zafar Iqbal Awan, whether the petitioner is an aggrieved person, and what locus standi he has for moving this application. He also asked if the two petitions about the same occurrence, filed by different persons before the Islamabad High Court and Sindh High Court, have been dismissed or not.

The judge asked whether the governement has not already moved an application to Pemra and whether a high-powered judicial commission, comprising three Supreme Court judges, has not been constituted for a judicial probe into the same matter. When the counsel was not in a position to explain the status of the petitioner and stated that he has no knowledge about it, the judge dismissed the petition.

The court observed that the petitioner, being a private person, has no locus standi to file this petition and ordered for filing the petition to the record room.

Our correspondent adds from Faisalabad: Faisalabad Additional District and Sessions Judge Muzaffar Hussain Gul on Monday disposed of a petition submitted by Arshad Ali Awan advocate for the registration of a case against Geo News.

The court asked Arshad to contact Pemra which was the appropriate forum. The Sargodha Road police told the court that the incident did not take place in their jurisdiction. So a case could not be registered on this application. After hearing the police version, the court disposed of the petition.

In the petition, Arshad took the stance that the army and the ISI had been ridiculed against the backdrop of an attack on Hamid Mir. The petitioner said he contacted the police for the registration of the case and submitted the petition after the police refused to file it.

The petition had made the Faisalabad capital police officer, Amir Mir, Mir Shakil-ur-Rahman, Geo directors and the Sargodha Road SHO party to the case. Our Correspondent adds from Lahore: Additional District and Sessions Judge Ghulam Abbas Sial on Monday directed the SHO concerned to record the statement of the petitioner on the plea seeking the registration of a criminal case against the management of Geo News, Amir Mir (brother of Hamid Mir) and other group officials.

The judge directed the SHO Islampura to record the statement of the petitioner and proceed strictly in accordance with the law if any cognizable offence was made.Earlier, the SHO Islampura had submitted his statement contending that the matter did not fall in his jurisdiction, while there had also been no cognizable offence. He had said a commission had been constituted on the issue and police could not take any initiative before the findings of that commission. The application which was submitted to him was not maintainable, the SHO added. Moreover, the competent authority in the matter was the Defence Ministry which filed a complaint before Pemra — the competent forum to redress the points raised by the petitioner.

The Geo News counsel, Salman Faisal, had argued that according to the Pemra Act, no petition could be filed; therefore, the application had no standing and was not maintainable.As per the case details, the petitioner, Aftab Virk, had alleged in his petition that Amir Mir intentionally spoke against a state institution without any solid evidence.

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Talking to the media after the 21st passing-out parade here at the Pakistan Railways Academy, Walton, on Tuesday, he said the one who abrogates the Constitution and those who take oath under the PCO are traitors of Pakistan, not the media.

He said the media too need to mend its ways and media owners and journalists also need to self-regulate themselves and define their parameters.He said there was no restriction on criticising those generals who violated the Constitution and those judges who yielded to them by taking oath under the PCO.

He said that senior journalists should sit together and formulate a code of ethics for good journalism. He said that security agencies were performing their duties with full responsibility and whenever needed helped the railways.

The minister said that there could be ups and down in the talks process with the Taliban, but the government wanted to have positive results.Dispelling the impression of tension between different institutions of the country, he said every institution was functioning within its limits, adding that there must not be any criticism on the professional conduct of the army and the judiciary.

Earlier, addressing the function, the minister said the Railways Police had demonstrated exemplary courage in protecting passengers and trains, which is laudable. He said the Railways Police officials should not involve themselves in illegal activities as this was fraud with their profession.

He said Imran Khan needed another 20 years to become a mature politician to be able to compete even at the lowest level. He said Imran Khan had not been able to deal with the truth that the people of Pakistan shattered his dream of becoming the prime minister, and there was no conspiracy.

The call for the May 11 protest by Imran Khan is yet another proof of his immaturity and he can go ahead with his plans to fulfil his desires, he added. The minister said political pressure, nepotism and bribes are a story of the past in the Pakistan Railways and the national department was now recruiting employees strictly on merit, adding that the salary of Railways Police would be increased stage-wise after the budget.

The minister said Pakistan was in critical condition when they took the oath. He promised that the railways would overcome its deficit and there would be peace in the country. He said the PM had approved the recruitment to the railways. The IGP has been requested to upgrade the training school, DSPs to the rank of SP and the establishment of an IT lab.

IGP Syed Ibne Hussain presented the welcome address. Some 105 Jawans and 13 women constables participated in the course. In the ceremony, GM Operations Anjum Pervaiz, AGM Muhammad Khalid, DG Railways Academy, Walton, Javed Iqbal, DIG Railways Munir Ahmad Chishti, Ahmad Nasim, ex IGP Punjab, Shariq Jamal Khan, SSP Lahore, and other senior officers were present.

A report was presented to the minister about the performance of the Railways Police in anti terrorist activities. It said that seven Jawans were martyred curbing terrorist activities. The Railways Police foiled an attempt of terrorists at the Kolpur-Dozan Railway Station. Also, an attack on the Akbar Bugti Express was thwarted by the Railways Police.

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Geo and Jang Group have repeatedly issued statements that they have the highest regard for all institutions. Despite the fact that Hamid Mir was hundred percent convinced that he will be attacked, the channel only aired the news after he was attacked informing the people what the assessment of Hamid Mir was without giving a final judgment as to who carried out the attack.

Was Hamid Mir the only one to point out some problems or some rogue elements within the ISI? No. There are many from within the armed forces, even former DG ISI Lt Gen Ahmad Shuja Pasha and many retired officers including former COAS Gen (retd) Pervez Musharraf, who clearly hinted at grave problems within the intelligence outfit. Many experts have termed such revelations as “ISI within ISI” and analysed that apparently these “rogue” elements are stronger and influential.

It is also an important point that politicians, bureaucrats, and everyone is attacked and criticised for anything but few people consider generals as “sacred cow”, over and above any criticism despite the fact that they are involved in violence against innocent citizens. Reports of judicial commissions establish the involvement of ISI elements in such violent activities. The biggest office of the state is the office of the president and even it is never spared from criticism.

It was Ahmad Shuja Pasha who at the time of his appearance before the Abbottabad Commission confessed that “ISI had brutalised many decent people”. However, Pasha had added, “ISI mindset, culture and methodology were changing.” Before this Abbottabad Commission, Pasha slammed former army chief Gen (retd) Pervez Musharraf for bowing down to the Americans.

Pasha had disclosed that Musharraf had caved in to the US so promptly that the Shamsi airbase was given to them for drone strikes in Pakistan. Pasha was made to confess before the Abbottabad Commission that the Abbottabad incident was the result of lack of capacity, inadequate knowledge and wrong attitude. Pasha had even admitted of enforced disappearances, notwithstanding the fact the ISI had no detention powers.

While many in the media are trying to unnecessarily defend the ISI and are not ready to admit that correct criticism will help the institution improve, Pasha’s statement endorses report of the Umar Cheema Commission that the agency remained involved in terrible things like kidnappings and torturing citizens.

When Pasha said so, it was not treason but when Hamid Mir said the same on the basis of credible information, it is treason despite the fact that he is admitted in hospital after sustaining six bullets and is unable to walk.

Gen (retd) Musharraf in his 2011 interview with ABC in USA said, “It is possible that rogue members of the Inter-Services Intelligence (ISI) and the military knew of Osama bin Laden’s hideout in Abbottabad.

“As a policy, the army and the ISI are fighting terrorism and extremism, al Qaeda and the Taliban. But rogue elements within are a possibility.“As I said, at the lower level, somebody (could be) following a policy of his own and violating the policy from above is a possibility.”

Top army officials have admitted that when Musharraf was attacked twice, some ISI officials were involved. But it was not treason as though it was hundred percent proved and these incidents killed many individuals.

These statements proved the existence of rogue elements within the ISI and pointing out this fact would have helped the ISI improve and cleanse its ranks of such elements.Former minister of state for religious affairs Dr Amir Liaquat Hussain stated on May 5, 2005 that then President Musharraf had faced threats from within. He had elaborated that some elements from within the institutions could attack to kill the former army chief. But it was not treason though the role of ISI “individuals” was clearly pointed out.

If there are rogue elements within the ISI or any other institution, they could be mentioned, criticised and blamed. There are no holy cows which could never be touched even if found involved in illegal activities or highhandedness against innocent civilian citizens. When any official of such a disciplined institute is involved in any such activity, the head of the organisation is always blamed as it is incomprehensible that he is not in the picture. A senior journalist, during a private meeting, tried to inquire from Pasha about the involvement of his agency’s officials in kidnapping and torturing Umar Cheema. Pasha was unable to deny but failed to deliver a direct response.

The Judicial Commission has concluded that the role of agencies in the Umar Cheema case was eminent.Keeping aside Pakistan, any wrongdoings of intelligence agencies are highlighted, questioned and criticised in civilised world by professional journalists. In the USA, the American media exposed CIA’s many wrongdoings, including the worst i.e. desecration of Holy Quran in Guantanamo Bay. Majority of the US people who have respect and dignity get united against the American government and elite intelligence agency CIA and get many wrongs reversed.

However, in Pakistan Hamid Mir’s own friends in the media are letting him down, so discussing his opponents is not important. Even in India, the independent Indian media used to expose scandals against its own army and a shameful scandal was reported about the Indian Army chief in recent years. All this brought improvements in those institutions of India. But all this is treason here in Pakistan and consequently the situation and professional excellence of security institutions is also not hidden from anyone.

Not only top army officials made such allegations against the ISI with all proofs and certainty but even top politicians did so but that was never treason. Pakistan’s present interior minister and the then leader of the opposition Chaudhry Nisar Ali Khan made speeches taking the name of DG ISI and alleging him of involvement in illegal and unconstitutional activities. In his interview with Hamid Mir in Capital Talk, Nisar has even said that DG ISI Ahmad Shuja Pasha was making and strengthening a political party – PTI. He never gave any evidence but that was not treason. Today Nisar says he has never seen anyone making allegation this way in the entire world.

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