Akram Sheikh, an eminent legal expert, told The News that no court of Gilgit-Baltistan had the jurisdiction whatsoever outside the region of Gilgit-Baltistan and it cannot proceed against a citizen of Pakistan who is protected under Article 4 of the Constitution of Islamic Republic of Pakistan.

“Not only this, the proceeding against Mir Shakil-ur dubious and wrong as Geo Television is run by a company, not individual, and laws provide very clear process to proceed against a company,” Akram Sheikh said adding “No criminal proceedings could be initiated against top management or even CEO of a company, and top management could only be proceeded for any civil liability.”

Akram Shiekh clarified that Pakistan’s Supreme Court has jurisdiction over these areas. The lawyers’ community was taken aback by proceedings in a Gilgit court, which awarded 26-year imprisonment to the accused without even hearing them. Top legal minds said that direct involvement of a person, facing charges of forcibly dragging 10 people out of the bus and killing them ruthlessly on sectarian grounds, in this case proves who is behind killing of thousands of Pakistanis. They said it has proved who is playing the dirty game of killing innocent people in the name of religion.

Former senior judge of the Supreme Court Justice Wajihuddin Ahmad while talking to The News said that issues relating to broadcast of contents are dealt by PEMRA and its position on the issue is more important. Justice Wajih said that jurisdiction of the courts in Gilgit-Baltistan is confined to those regions only. He said efforts were made to make Gilgit-Baltistan a province during the tenure of PPP government but it could not be done, as it was not possible constitutionally.

Akram Sheikh said that it was very unfortunate that process of law has been compromised simply to punish one person whereas the companies’ law is very much clear about the process to be followed in case of any alleged reported criminal activity. He said that Pakistani courts could take up this issue as they have jurisdiction in those areas. He said that areas of proper jurisdiction were police stations of Islamabad, Karachi and other Pakistani areas where the issue has already been resolved.

The News

The organization also noted serious concerns about the fairness of the trial.

An anti-terrorism court (ATC) sentenced in absentia Mir Shakil-ur-Rahman, owner of Geo TV and its parent Jang Media Group, actress Veena Malik, her husband Asad Bashir and TV host Shaista Wahidi, to 26 years in prison each for airing a “contemptuous” programme.

Geo TV has a tense relationship with Pakistani authorities and was earlier this year temporarily taken off air following the blasphemy allegation.

“This sentence will have a chilling effect on freedom of expression in Pakistan. It is appalling that someone should be sent to prison for decades over a TV programme,” said David Griffiths, Amnesty International’s Deputy Asia Pacific Director.

“This judgment shows how Pakistan’s deeply flawed blasphemy laws have become another tool to silence media.

“There are also serious concerns about the fairness of this trial as the defendants were sentenced in absentia and never had the opportunity to answer the charges in court.”

The ATC also fined the four convicts 1.3 million Pakistani rupees (USD 12,800) each.

The blasphemy charges relate to a programme aired by Geo TV in May this year, when Malik and Bashir re-enacted their wedding ceremony with a Qawaali, devotional music sung to dictate the life and teachings of Prophets, which concerned the marriage of Fatima Zahra, daughter of Prophet Muhammad, with his cousin, Ali.

Mir Shakil-ur-Rahman is based outside Pakistan, while Malik and Bashir have fled the country after receiving death threats when the blasphemy allegations were first levelled against them. Malik told Amnesty International that she fears for her life if she returns to Pakistan.

Pakistan’s blasphemy laws violate international human rights law and standards. Amnesty International urges the government to reform the laws as a matter of urgency to provide effective safeguards against their abuse, with a view to their eventual repeal.

“Although the blasphemy laws are disproportionately used against religious minorities, today’s sentencing underlines the fact that no one in Pakistan is safe from being targeted,” said David Griffiths.

“The death threats against Veena Malik and Asad Bashir show how even an accusation of blasphemy could lead to the threat of violence. Authorities should do more to protect those at risk of violence – not fuel the fire by using blasphemy laws to settle political scores.”

Geo TV has been locked in a standoff with Pakistani authorities since its main anchor, Hamid Mir, in April this year accused the spy agency Inter-Services Intelligence (ISI) of being behind an assassination attempt on him.

On 6 June this year, the governmental body Pakistan Electronic Media Regulatory Authority (PEMRA) suspended Geo TV’s license for 15 days over the blasphemy allegation. PEMRA imposed a similar ban on another private TV station, ARY TV, on 20 October for “maligning” the country’s judiciary.

“The Pakistani authorities must end their attempts to harass critical voices in the media into silence.

“Instead of trying to control media outlets and journalists, the Pakistani authorities should do more to protect them so they can carry out their work freely and without intimidation and harassment,” said David Griffiths.

Amnesty International

GILGIT: An anti-terrorism court has sentenced the owner of the Jang-Geo group Mir Shakeelur Rehman, host of Geo TV’s morning show Shaista Lodhi, actress Veena Malik and her husband Malik Asad to 26-year imprisonment and a fine of Rs1.3 million each for hurting religious sentiments of people in the show.

Announcing the verdict on Tuesday, ATC judge Raja Shahbaz ordered inspectors general of police of Islamabad, Punjab, Sindh, Balochistan and Khyber Pakhtunkhwa to arrest the convicts and execute his order.

The court also asked the commissioners of Karachi and Rawalpindi and the deputy commissioner of Islamabad to sell the property of the four ‘proclaimed offenders’ under Section 19(10) of the Anti-Terrorism Act in case of disobedience.

On May 26 this year, Himayatullah Khan, senior vice president of the Gilgit-Baltistan chapter of Ahle Sunnat Wal Jamaat, had lodged an FIR with the Baseen police station saying the show had defiled Ahle Bait by playing a contemptuous Qawwali in its morning show.

According to the judgment, the competent authority had constituted a joint investigation team (JIT) on June 6 on a request made by the DIG. After completion of the JIT investigation, the case was submitted before the ATC on Sept 1.

The judgment said the accused had been declared absconders by the JIT.

“After evaluation of the entire evidence of the prosecution, I am of the considered opinion that the prosecution has proved its case against proclaimed offenders and absconders,” the judge said in the verdict.

“I convict proclaimed offenders under sections of Anti-Terrorism Act of 1997,” the judge said.

The compliance report be submitted before this court within 90 days and the record of the case may be transmitted to the Gilgit-Baltistan Chief Court, the judgment said.

Meanwhile, a police source said that 10 FIRs had been registered against the owner of the Geo TV network and the morning show host at different police stations in Gilgit city, two in Skardu and one in Chilas.

DAWN