=> KARACHI, Dec 4: The Sindh High Court dismissed as
KARACHI, Dec 4: The Sindh High Court dismissed as not maintainable on Tuesday a writ petition against the suspension of Geo television channel transmissions.
Advocate-General Masood A. Noorani appeared on court notice and submitted that the petition was not competent under the Provisional Constitution Order, which had suspended Articles 19 (freedom of expression) and 25 (equality of citizens) and the terms of the licence agreed to by the petitioner company Independent Media Corporation and the Pakistan Electronic Media Regulatory Authority.
Deputy Attorney-General Rizwan Ahmed Siddiqui said the Supreme Court office had returned a direct petition with the objection that the PCO had substantially curtailed the court’s human rights jurisdiction under Article 184 (3).
A number of Geo employees who attended the proceedings chanted slogans against the PCO, emergency rule and the judiciary as the short dismissal order was announced by a division bench comprising Justices Munib Ahmed Khan and Rana M. Shamim for detailed reasons to be recorded later.
Representing the petitioner, Advocate Mohammad Ali Mazhar cited the Supreme Court judgments in the Zafar Ali Shah and Farooq Khan Leghari cases to assert that petitions under Article 199 could be maintained even during emergency. Article 4 that guaranteed the right of individuals to be dealt with in accordance with law remained intact.
The broadcasting ministry and Pemra, the counsel said, had failed to file any comments despite repeated directions.
Article 199 had wider scope than Article 184 (3) and SC office objections were not applicable to the petition before the high court. The Dubai (UAE) authorities had withdrawn the ban imposed on Geo transmissions.
Other TV channels were airing their programmes without let or hindrance. The suspension had been ordered without a show-cause notice, which was against the principles of natural justice, the petitioner’s counsel argued.
The advocate-general said the petitioner company had itself agreed to the stipulation that its licence could be suspended by Pemra without assigning any reason during emergency, war or internal strife. It was not open to the company to turn around and claim to be an aggrieved under the solemn contract.
There were other stipulations in the agreement that permitted action against the channel if it contravened the agreed terms. There was no discrimination involved as other channels were willing to operate under the new legal framework.
In any case, the petition was not maintainable under the PCO as the Nov 3 order had suspended both Articles 19 and 25, he said.
Source: Dawn
Date:12/5/2007
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