=> ISLAMABAD: The Independent Media Corporation Priva
ISLAMABAD: The Independent Media Corporation Private Limited and Birds Private Limited have filed a civil petition (941/2007 and 942/2007) for leave to appeal in the Supreme Court of Pakistan on December 10 against the dismissal by the Sindh High Court (SHC) on December 4 of applications challenging closure of Geo Television Network transmission.
Two urgent applications were also submitted with the petition praying the court to fix the petitions for hearing on December 12 because the matter is of an urgent nature but the applications could not be fixed on December 12. Therefore, urgent applications are being submitted so that the earlier applications could be fixed at the earliest. Both the applications have been submitted through Advocate on Record Suleman Habibullah whereas Muhammad Ali Mazhar advocate will argue on the applications.
A division bench of the SHC comprising Justice Muneeb Ahmed Khan and Justice Dr Rana Muhammad Shamim had dismissed as non-maintainable the identical petitions of the Independent Media Limited and Birds Private Limited against closure of the transmission of Geo News, Geo Entertainment, Geo Super and Aag channels after five hearings, observing that several fundamental rights are suspended under the state of emergency and Provisional Constitutional Order (PCO).
During the sixth hearing, the SHC bench had also observed that on the one hand the deputy attorney general was saying no action had been taken against the petitioners while on the other hand he was advancing arguments against the petitions.
The court also asked the counsel of the petitioners that how the petitions were maintainable under the PCO and emergency whereas majority of fundamental rights including rights to freedom of expression and speech were suspended. On this, Muhammad Ali Mazhar had stated that Article 18 and 4 were not suspended.
It is pertinent to be mentioned here that suspension of the transmission of Geo Television Network’s news channel Geo News, entertainment channel Geo TV, youth’s channel Aag and the first complete sports channel Geo Super was challenged by the Birds Private Limited on November 10 in the Sindh High Court. It was contended in the petition that Aag and Geo Super were purely youth and sports channels and their licences were granted under the Pemra Ordinance 2002.
The president of Pakistan had proclaimed the state of emergency and PCO on November 3 while the respondents, Ministry of Information and Media Development and Pemra had banned transmission of all private channels between 5:30 and 6 pm and cable network operators were verbally directed not to transmit broadcasts of the private channels. All the actions were taken without any written directive or issuance of show-cause notice, which was against the principles of natural justice and was illegal.
During the hearing, the deputy attorney general produced newspaper clippings wherein it was reported that the Pemra Ordinance 2007 had been challenged in the Supreme Court. In response, counsel of Geo Muhammad Ali Mazhar advocate contended that his client was subjected to excess in accordance with Article 199 of the Constitution and it was an important issue, therefore, needed immediate redressal. He had stated that Geo TV was a licensee of the Pemra and could submit a petition with the apex court therefore it did not need petition of any irrelevant person.
In the petition, it was contended that the company was facing grave financial crisis and difficulties in running different affairs because of the government action. A day after submission of the petition, SHC Chief Justice Afzal Soomro and Justice Mahmood Alam Rizvi heard the constitutional petition of Geo on November 12 and directed the deputy attorney general to inform the court after ascertaining from the federal government that what was the reason of discriminatory attitude and what was hampering restoration of the entertainment, sports and youth channels of Geo?
The deputy attorney general sought time to contact the federal government and on this the court adjourned the hearing to 4 pm. However, when the counsel returned to the court at the fixed time, they were told that hearing was put off because of the want of time and the date for next hearing will be fixed by the office.
On November 14, the division bench comprising Justice Muneeb Ahmed Khan and Justice Abdul Rehman Farooq Pirzada ordered issuance of notice to the Pemra, the deputy attorney general, the Sindh advocate general and the Ministry of Information for November 16.
On November 27, Deputy Attorney General Rizwan Siddiqui stated before the court that no written directive was issued for restriction of the Geo.
On this, counsel of Geo Muhammad Ali Mazhar requested the court to include the statement of the deputy attorney general in the record. While giving time to Deputy Attorney General Rizwan Siddiqui for submitting comments on the previous hearing, the court had directed him to inform the court after consulting the government about obstacle in restoration of the Geo channels that did not aie news and current affair programmes. The deputy attorney general had contended that in fact the restriction was imposed on Geo by Dubai Media City and the federal government had sought different documents from Dubai and comments on behalf of the government would be submitted after seeing the documents. Now the Dubai Media City has restored transmission of the Geo News and it is expected that the petitioners would be provided relief through an interim order.
The deputy attorney general also failed in submitting comments on November 28 and contended that the attorney general of Pakistan wanted to appear before the court in person. On this, Geo counsel Muhammad Ali Mazhar had stated that the deputy attorney general could not submit comments despite repeatedly getting time and it was inflicting huge financial losses on the Geo because monthly salaries of employees come to Rs60 million.
The hearing in the two constitutional petitions of the Independent Media Corporation Private Limited and Birds Private Limited was adjourned to December 4 for the fifth time on November 29.
On the last date of hearing, the deputy attorney general had to submit comments in accordance with the court direction but he again failed in doing so.In the prevailing circumstances, the future of thousands of employees attached to the globally popular news channel Geo News, quality entertainment channel Geo TV, first sports channel of the country Geo Super and unique channel for youth Aag as well as their families is facing uncertainty. On the other hand, the financial losses of the company are also burgeoning while expenditures are continuing as usual.
Because of ban on transmission of Geo Television Network inside the country, the company is facing losses worth millions of rupees and future of 4,500 employees faces grave threat. Eidul Azha is approaching fast and employees of Geo Television Network are completely uncertain about their future and facing extremely mental distress. The anxiety among people of the country is also growing with the every passing day, as transmission of Geo News, Geo Entertainment, Geo Super and Aag channels are facing blackout on the cable network in the country and the company has suffered losses of over Rs1 billion.
Source: The News
Date:12/13/2007
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