Comments on Geo petitions: SHC gives govt attorney last chance till 27th
Sindh High Court has given a last chance to the federal government’s law officer for filing comments on identical petitions filed by Independent Media Corporation and Bird (Pvt) against the ban on transmission of Geo TV channels, observing that the court would pass appropriate order on the next date if its direction was not complied with.
Independent Media Corporation and Bird (Pvt) have challenged the ban on transmission of Geo News, Geo Entertainment, Geo Super and AAG TV channels by the government.
The petitioners, who hold landing rights of satellite TV channels Geo News, Geo Entertainment, Geo Super and AAG in Pakistan, submitted that after the imposition of emergency rule on November 3 at about 5.30 to 6.00pm, all private satellite TV news channels were off-aired/proscribed by Pemra throughout the country.
As the mater was taken by SHC’s division bench comprising Justice Munib Ahmed Khan and Justice Abdul Rehman Farooq Pirzada, Deputy-Attorney General Rizwan Siddiqui sought further time to file comments on behalf of federal government as he did not receive the same from the authorities concerned.
Opposing the DAG’s request, petitioners’ counsel Mohammad Ali Mazhar said that DAG had also sought time on previous hearing but he failed to file the comments.
He argued that the government promulgated five ordinances regarding media, which are Pemra Ordinance-2002, Pemra Amendments Ordinance-2007, PEMRA Rules-2002, Cable TV Regulation-2002 and its code of conduct (2002), and if anyone violates such laws it could face three years imprisonment with fine of Rs.10 million.
He said procedures have been prescribed in abovementioned laws regarding action against TV channels, but the government banned the transmission of petitioners’ TV channels without adopting such rules and regulations.
The counsel contended that Geo TV network has been following all the relevant laws and it is willing to comply with these laws.
DAG informed that UAE government recently cancelled the Geo TV licence and the transmission of petitioners’ channels would not be possible even if government allows petitioners to air its transmission in the country.
He submitted that PEMRA had issued advertisement licences to the petitioners, which have been cancelled now.
Petitioners’ counsel vehemently rejected the submission of federal attorney, saying that licences were not only related to advertisements but also landing rights and the same were issued for five years and which are still valid.
Mohammad Ali Mazhar submitted that UAE government has temporarily suspended the Geo News transmission while the transmission of Geo Entertainment, AAG TV and Geo Super are continuing and the same could be viewed through dish antenna. He added that PEMRA licences had nothing to do with UAE government licenses issued to petitioners.
He argued that the transmission of 21 channels has been restored by the PEMRA but Geo TV Network and its channels are still under suspension/banned, which is unjustified, unlawful and highly discriminatory act.
He submitted that more than 4,500 employees are working in petitioners’ organizations and due to the ban on Geo TV transmission payment of their salaries would be difficult. He said on one hand government claims providing employment to people and on other hand it has put the jobs of thousands of people at stake.
The counsel said that the closure of Geo TV channels has not only created concern among the employees but also politicians and civil society, adding that recently US envoy and former prime minister Benazir Bhutto also visited Geo TV offices in Karachi.
The DAG submitted that media has taken undue advantage of its freedom and one newspaper of the petitioner had published news regarding his (DAG’s) arrest by the police and such news item disturbed him and his family members.
Petitioners’ counsel submitted that due to personal dispute DAG has not taken the petitions seriously and did not prepare for the arguments, while he was to be ready to argue on the petitions.
On court query as to whether any written order has been passed regarding ban on transmission of petitioners TV channels, Mohammad Ali Mazhar said petitioners have not been issued any such order.
The court observed that federal attorney should have prepared for the arguments as previously time had been granted to him.
DAG submitted that he was examining different documents regarding petitioners’ petitions and if they were found clear the transmission of petitioners’ TV channels would be restored. He said petitioners’ companies are based in Dubai.
He said federal government believes in freedom of press and do not want to close any TV channel, adding that the government also kept facing criticism.
Mohammad Ali Mazhar said that PEMRA had issued landing rights to petitioners and such licences are still valid.
SHC’s division bench comprising Justice Munib Ahmed Khan and Justice Abdur Rehman Farooq Pirzada, giving last chance to federal government’s law office, directed him to file comments on petitions and observed that the court would pass appropriate order if direction was not complied with.
The next hearing of the case has been fixed as November 27 when the court will hear the main petitions along with stay application of petitioners seeking lifting of ban on Geo TV channels’ transmission.
The court was prayed in petitions to declare the suspension/proscription or ban on satellite TV channels as unlawful and without any lawful authority and even against the provisions of PEMRA Third Amendment Ordinance-2007 and direct the respondents to immediately lift the ban/suspension or proscription of petitioners’ TV channels – Geo News, Geo Entertainment, Geo Super and AAG.
The petitioners also prayed the court to direct PEMRA to issue necessary instructions/directions to all cable TV operators throughout the country to immediately on-air/restore the transmission of Geo News, Geo Entertainment, Geo Super and AAG on their cable TV networks without any interruption or interference and till the disposal of petitions direct the respondents to restore the transmission of TV channels.
A large number of Geo TV employees had gathered outside the Sindh High Court gate as police and law enforcement agencies did not allow them to enter into the premises of SHC building. President Geo TV Network Imran Aslam, famous TV show Pachas Minute host Abdul Rauf, Aik Din Geo Kay Sath anchor Sohail Wariach and Jawabdeh’s host Iftikhar Ahmed were also present in the court.
Source: The News
Date:11/21/2007
” 
” 
” 
” 
” 
