=> ISLAMABAD: The Supreme Court on Tuesday returned t
ISLAMABAD: The Supreme Court on Tuesday returned the constitutional petition challenging the closure of TV channels as well as amending the provisions of the Pemra Ordinance 2002 with the objections that the petition was not maintainable as the petitioner had no locus standi to file it.
A letter addressed to Advocate-on-Record (AOR) of the Supreme Court Ejaz Muhammad Khan, a copy of which is available with The News, stated that the said constitutional petition filed by him under Article 184(3) of the Constitution was not entertainable as prima facie the petitioner had no locus standi to file it.
It was further stated that the constitutional petition had been filed under Article 184(3) of the Constitution but after the promulgation of Provisional Constitution Order (PCO), the scope of the said article of the Constitution had been curtailed.
Similarly, the advocate-on-record was also informed that he had not provided the certificate as required under Order XXV Rule 6 of the Supreme Court Rules 1980. “The constitutional petition is therefore, returned herewith in original being not entertainable along with its paper books,” says the letter.
Restrictions on TV channels clamped on November 3 after the proclamation of emergency and the imposition of the PCO were challenged in the Supreme Court, praying that restrictions on the channels be declared illegal, void and without lawful authority.
The petition was filed in the superior court the other day by Qazi Sheharyar Iqbal, advocate, praying the apex court that the blocked TV channels should be allowed to start their normal operations so as to enable the people of Pakistan to enjoy their right of choice of information and freedom of speech and expression.
The petition was filed under Article 184(3) of the Constitution, making the Federation of Pakistan through the secretary Ministry of Information and the Pakistan Electronic Media Regulatory Authority (Pemra) through its chairman as respondents.
The petitioner had challenged the promulgation of Ordinance, LXV of 2007 whereby the provisions of the Pemra Ordinance, 2002 were further amended.
He had prayed to the court to strike down the provisions of Sections 20 and 33 of the ordinance of 2002 and other provisions being unreasonable restrictions on the freedom of speech and expression guaranteed under the Constitution along with any further relief which the court considered just and proper in the facts and circumstance of the case.
Source: The News
Date:12/5/2007
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