Pakistan Views

The Supreme Court on Monday directed the print and electronic media not to publish any news or telecast such programmes or discussions, having derogatory remarks about judiciary, saying that the freedom of speech was subject to some restrictions. A three-member bench, comprising Justice Muhammad Nawaz Abbasi, Justice Mian Hamid Farooq and Justice Muhammad Farrukh Mahmud, was hearing the suo moto case against a private television channel.The Supreme Court on Friday, taking suo moto action, had issued a contempt of court notice to a private TV channel for its report of an alleged meeting between Chief Justice Abdul Hameed Dogar and Interior Secretary Syed Kamal Shah in which two senior judges of the apex court were allegedly also present.The court directed the print and electronic media not to publish any news item in respect of the person of a judge in any capacity without proper verification and prior permission of the court registrar. The TV channel’s bureau chief appeared before the court and sought some time for submitting his point of view, saying that it was a serious matter and he wanted to engage some lawyers for legal assistance.Justice Muhammad Nawaz Abbasi, while hearing the case, inquired as to who was paying for the advertisements being telecast pertaining to the judiciary. “Freedom of press does not mean a licence to insult anyone,” he remarked.
Abdul Hafeez Pirzada, who has been asked by the court to assist, said the case required interpretation of Article 19 and Article 204 of the Constitution. The power of media had been recognised, but intentionally scandalising an institution was a serious matter, he said.
At this, Justice Nawaz Abbasi remarked that the judiciary was being disgraced. He said that under Article 19 of the Constitution, media was not free to heap slanders. Action could be taken under the Article 204 of the Constitution, he added. RIUJ President Afzal Butt and PFUJ Secretary General Mazhar Abbas requested the court not to impose any kind of bar on the media, saying that it would imply that the step had been taken to stop media from projecting lawyers movement in future.Earlier on November 3, 2007, it was done by the Pakistan Electronic Media Regulatory Authority (Pemra), but the Supreme Court should not do the same, they added. Dr Babar Awan, who was present in the court, argued that the interim order, which was under process in the court, would imply that media had been barred by the apex court.On this the court asked him to assist in describing the concept of freedom of speech and liberty of a person in Islam and the nexus of this concept with the Constitution. Earlier, the court had asked Syed Sharifuddin Pirzada, Abdul Hafeez Pirzada and Waseem Sajjad for assistance in the case.Similarly, amicus curiae, Abdul Hafeez Pirzada requested court not to issue one-sided interim order. The court observed that it was a serious matter as judiciary was being disgraced and changed its order under process. The court ordered the Pemra and the Ministry of Information to produce records of programmes, news items published in the media pertaining to judiciary after November 3, 2007. The court adjourned the hearing till May 22.

Supreme Court here, ordered presenting all after Nov.3 records of TV channels and newspapers in the court. However, the apex court has withdrawn its order of restricting the print and electronic media from publishing or telecasting news items regarding judiciary without prior permission by the Court. Justice Nawaz Abbasi on this occasion in his remarks said that the judiciary was being disgraced and insults hurled at will. He said that under Article 19 of the constitution, media was not free to heap slanders. Justice Nawaz Abbasi said that action could be taken under the Article 204 of the constitution. Justice Nawaz Abbasi further enquiring said that who was paying the bills for advertisements relating to the judiciary. Supreme Court also ordered presenting all after Nov.3 records of TV channels and newspapers in the court.

The Supreme Court on Friday directed print and electronic media not to publish or telecast any news item in respect of the person of a judge in any capacity without proper verification and prior permission of the registrar of the court.A three-member bench comprising Justice Muhammad Nawaz Abbasi, Justice Mian Hamid Farooq and Justice Muhammad Farrukh Mahmud issued the order, here on Friday. The Supreme Court took a suo motu action on a report appearing in a section of the press regarding the alleged meeting of some judges of the superior court with a senior government official on May 8. The order says that the print and electronic media is hereby directed that in future no TV channel or newspaper will publish or telecast any news item in respect of the person of a judge in any capacity or publish his photograph in the newspaper or display on TV as the case may be, without proper verification and prior permission of the registrar of this court. In addition, the print and electronic media will also not publish any news item regarding the orders of the court or telecast on TV without the verification of the correctness and contents of the order from public relations officer of the Supreme Court.The Chairman, Pemra and Secretary, Ministry of Information and Broadcasting, Government of Pakistan, have been asked by the court to appear in person and produce the code of conduct of the print and electronic media, according to the court order.The court directed that the order shall be conveyed on Friday to the concerned quarters for immediate action and implementation. The court also desired that senior lawyers Syed Sharifuddin Pirzada, Abdul Hafeez Pirzada and Waseem Sajjad should assist the court in the matter and adjourned the hearing till May 12.

Prime Minister Syed Yousuf Raza Gilani has approved transfer of the administrative control of Pakistan Electronic Media Regulatory Authority (PEMRA) from Cabinet Division to Information & Broadcasting Division with immediate effect, says a notification issued by Cabinet Division. The prime minister has approved transfer of the administrative control of PEMRA to the Ministry of Information & Broadcasting under clause iii of the rules of business 1973.

Like other parts of the globe, Pakistan will also observe the world press freedom day on May 3. The theme of this year is, ‘Freedom of Expression, Access to Information and Empowerment of People.’ The media organisations and civic bodies have planned number of events including seminars, discussions on press freedom and other programmes to mark the day.The present government is committed to ensure more freedom for the media and protection of journalists’ rights. The government soon after coming in the power moved a bill in the Lower House to repeal all those laws that are against the freedom of press. At this year’s world press freedom day celebration, Unesco would like to explore how media freedom and access to information feed into the wider development objective of empowering people.World press freedom day reminds us all- governments, intergovernmental and non-governmental organisations as well as civil society - of the crucial role a free press plays in strengthening democracies and fostering development around the world.World press freedom day is a day designated by the United Nations to raise awareness of the importance of freedom of the press and to remind governments of their duty to respect and uphold the right to freedom of expression enshrined under Article 19 of the Universal Declaration of Human Rights. Proclaimed by the UN General Assembly in 1993, the day is celebrated each year on May 3, the anniversary of the Declaration of Windhoek, a statement of free press principles put together by African newspaper journalists in 1991.Unesco marks World press freedom day by conferring the Unesco/Guillermo Cano World Press Freedom Prize on a deserving individual, organisation or institution that has made an outstanding contribution to the defence and/or promotion of press freedom anywhere in the world, especially when this has been achieved in the face of danger.The Prize is named in honour of Guillermo Cano Isaza, a Colombian journalist who was assassinated in front of the offices of his newspaper, El Espectador, in Bogot, on 17 December 1986. Cano’s writings had offended Colombia’s powerful drug barons.

The dead bodies of Khalil Malik, a senior journalist and his wife were found in their flat in G-8/4 with bullet wounds. Khalil was shot in the chest whereas his wife Saira Khan 22, a TV reporter, was shot in the head. Doctors in their preliminary report stated that Khalil Malik received a bullet in the chest, which proved fatal, while Saira’s brain was ruptured by the bullet.Khalil’s body was taken to his native village, Nika Kahut Chakwal for burial, while the body of Saira Khan was taken to Pirwadhai Rawalpindi by her mother and other relatives. According to employees working in Khalil Malik’s weekly magazine, Saira Khan, the third wife of Malik reached the office situated in Pakistan Housing Authority flats in G-8/4 and asked them to leave as she had to talk to Malik on some family issues. She locked the door from inside and after some time two shots were heard in the room, they said.The Rescue 15 and Margalla Police reached the spot and broke open the door and found blood-soaked bodies of Khalil Malik and his wife Saira Khan in the room. Police immediately took the possession of the murder weapon.Later police shifted the bodies to Pakistan Institute of Medical Sciences for autopsy, where doctors under the supervision of Dr Minhajas Siraj carried out the post-mortem and declared that bullet injury was the cause of death. Margalla police refused to give any further details.It is learnt that Khalil had married Saira Khan and developed some differences with her. Saira had twice tried to commit suicide, because two other wives of Khalil and some family members were tormenting Saira. The family members of Saira Khan told reporters in the PIMS that they were not aware of her marriage with Khalil.Preliminary findings are that Saira Khan shot Khalil Malik and then committed suicide with the same pistol. Meanwhile, Federal Minister for Information and Broadcasting, Sherry Rehman visited PIMS and ordered immediate investigation into the incident.She termed the murder of Khalil Malik an irreparable loss to the country. Advisor to Prime Minister on Interior, Rehman Malik has directed the Inspector General of Police Islamabad to constitute a high-level investigation team and submit the preliminary report within 24 hours.

A Pakistani American advocacy organization on Capitol Hill has applauded the new government’s move to lift curbs imposed on the media during emergency period last year.
The Pakistani American Leadership Center hailed Information Minister Sherry Rehman’s introduction of a parliamentary bill proposing an end ban on live media broadcast.The organization particularly noted the information minister’s statement that the “amendments will remove the entire apparatus of restrictions imposed on the press.”The PALC launched the Congressional Pakistan Caucus in May 2004 and works to raise awareness about Pakistani-American interests in Washington policy circles.

The federal government is likely to curtail the powers of Chairman Pakistan Electronic Media Regulatory Authority (Pemra) regarding seizing the equipment, sealing premises without notice or directing closure of the television station in case of violation of the law, official sources told Business Recorder.“Imprisonment with fine as punishments on violation of law and the offences made cognisable and compoundable will also be repealed,” the sources added. However, the government intends to retain provisions which enable deputy commissioner to authenticate declaration of newspaper where the office of DCO does not exist due to partial implementation of local bodies but would delete proviso to section 19 which empowers the DC/ DCO to suspend declaration.
Other clauses, which are likely to be repealed, are as follows:
1. Any material, photographic or in print, that is likely to incite violence or hatred, create inter-faith disorder or be prejudicial to maintenance of law and order;
2. Any material that is in conflict with the commonly accepted standards of morality and decency and which promotes vulgarity, obscenity and pornography.
3. No printer, publisher or editor shall print or publish in any book, periodical or paper any material, which consists of photographs or pictures of suicide bombers, terrorists (except as required by law enforcing agencies for purposes of investigation), bodies of victims of terrorist activities, statements and pronouncements of militants and extremist elements and any other thing which may, in any way, promote aid or abet terrorist activities or terrorism.
4. Graphic or printed representation or projection of statements, comments, observations or pronouncements based on sectarianism, ethnicism or racialism.
5. Any material, printed or graphic that defames, brings into ridicule or disrepute the Head of State, or members of the armed forces or executive, judicial or legislative organs of the State.
6. Any material that is likely to jeopardise or be prejudicial to the ideology of Pakistan or the sovereignty, integrity or security of Pakistan. he sources said that these amendments would be introduced in the current session of the National Assembly. “It is necessary to repeal the amendments made earlier in these laws on November 3 as those amendments could not lapse automatically being protected by the Provisional Constitutional Order (PCO) and validated by the Supreme Court of Pakistan,” the sources quoted Information Minister as saying in the previous cabinet meeting.

The government on Friday introduced a bill in the National Assembly, amending the Pakistan Electronic Media Regulatory Authority (Pemra) Ordinance, 2002, to abolish the much-criticised media curbs enforced by previous government last year.After introduction of the bill, Information Minister Sherry Rehman, addressing media persons, termed it a moment of great joy “as this milestone has been achieved following relentless struggle by media and political parties”.She said, “The laws were draconian, for which the Prime Minister in his first policy statement on the floor of the house on March 29 had pledged to dismantle restrictions on media, and announced the repeal of the amendments made in the Pakistan Electronic Media Regulatory Authority (Pemra) Ordinance 2002. Through this revolutionary change, the government and media will be at ease in interaction with each other. “To achieve this Information Ministry will continuously seek and incorporate suggestions from journalists’ representative bodies like Federal Union of Journalists and their local organs”, she added. She said that the main thrust of the bill would be on controlling violence against media men, giving them space to work in a free environment. She said that section 27 of Pemra Ordinance says anybody involved in dissemination of information against government would be punished. This is being repealed. The amendment on November 3, 2008 had increased the fine of Rs 1 million to Rs 10 million for a licensee who contravened the provision of Pemra law, and has been given reasonable opportunity to show cause. However, the Rs 10 million fine is being reversed to Rs 1 million. Pemra was empowered to revoke the licence on violation by the licensee. This is also being withdrawn. Through November 3 amendment, the Authority Chairman was empowered to seize equipment or seal the premises of the licensee, and also close down network of licensee in a situation of emergency. This is also being withdrawn. In the amended Ordinance, by adding sub-section (2) in section 31, live coverage of violence and conflict was prohibited. This sub-section is also being withdrawn. Moreover, signal blockage will never happen again. Offences under Pemra laws were made cognisable and compoundable. This is being withdrawn. When asked that the laws are being repealed taking president into confidence as these were carved by his administration, she said, “I don’t see any reason for anybody to be annoyed on the return of democratic government. This is the first step; we have to go a long way.” When a journalist sought his comments on the Code of Conduct, she said that new code of conduct would be introduced soon.

Secretary Information Pakistan Peoples Party (PPP), Sherry Rehman on Monday said that the government against the black laws of Pemra, which would be repealed now. Speaking to a TV programme, she said a mediatory committee of stakeholder was formed comprising media persons and members of parliament and representatives of human rights. “It had forwarded recommendations and we would implement those. We have made some other announcements that not only media but common citizen would have access to the information about the decision making process by the executive”, she added. Sherry Rehman said Parliamentary committees have important role and they would be formed to ensure transparency and accountability, adding media would be completely free and black laws of Pemra imposed in 2007 would be revoked.