APNS to file review petition in SC today
KARACHI: The All-Pakistan Newspapers Society (APNS) has announced that it has decided to file a Review Petition in the Honorable Supreme Court of Pakistan on May 8, 2004, for a review of its Judgment dated April 8, 2004, in Constitutional Petition No. 35 of 2002. The APNS Counsel, Mr. Abdul Hafiz Pirzada, Senior Advocate of the Supreme Court, has since issued fitness certificate to the effect, according to a hand-out of the APNS.
In the said Constitutional Petition, the APNS had invoked the original jurisdiction of the Honorable Supreme Court of Pakistan under Article 184(3) of the Constitution of the Islamic Republic of Pakistan, 1973, challenging the constitutionality of the Newspapers Employees (Condition of Service) Act, 1973 (“Act”), inter alia on the ground that it is violative of the fundamental rights of the constituent members of the APNS and the Seventh Wage Board Award. Rendered pursuant to the Act on the grounds that it is void ab initio and of no legal effect.
The Honorable Supreme Court, however, dismissed the Petition by holding that it did not satisfy the requirements specified in Article 184(3) for the maintainability of a petition there under, observing that the Petitioners were free to approach any court of competent jurisdiction.
The APNS believes that the matter is of great public importance as it goes to the root of the freedom and viability of the press in Pakistan and involves enforcement of fundamental rights conferred by the Constitution. The fundamental right of freedom of the press is for the benefit of the people of Pakistan. If this freedom is not protected, the exorbitant financial burden imposed by the Award on the APNS members will ultimately lead to the collapse of the press in Pakistan, consequently, depriving the general public of its fundamental right to receive information. The APNS Counsel, Mr. Abdul Hafeez Pirzada has certified that the Judgment is a fit case for review as errors are apparent on a perusal of the judgment. The APNS has thereupon instructed the Counsel to prepare and file the review petition before the Honorable Supreme Court, which is likely to be submitted on Saturday, May 08, 2004.
This notice is issued by APNS in good faith and in complete deference to the Honorable Supreme Court for the information of the general public in the interest and spirit of a fair and healthy comment on the judgment, which involves questions of public importance.
Source: The News
Date:5/8/2004
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