No written order for Geo ban: DAG
KARACHI: Deputy Attorney General (DAG) Rizwan Ahmed Siddiqui said on Tuesday that no written order was issued for the suspension of Geo TV channels.
Responding to the arguments filed by Geo TV counsel Muhammad Ali Mazhar advocate, the DAG stated this before the Sindh High Court during the hearing of two constitutional petitions filed by Geo TV Network.
The Sindh High Court heard on Tuesday two constitutional petitions filed by Independent Media Corporation (Pvt) Ltd and Birds (Pvt) Ltd against the unlawful ban and suspension of four TV channels of the petitioners, namely “Geo News”, “Geo Entertainment”, “Geo Super” and “Aag TV”.
The bench comprised Justice Munib Ahmed Khan and Justice Dr Rana Muhammad Shamim. On the last date of hearing, the DAG was specially directed to file comments failing which the matter will be finally heard on Nov 27.
When the matter was taken up at 1:00 pm, the DAG did not file any comments and produced a news clipping of a newspaper in which he attempted to argue that Geo News transmission was suspended from Dubai and the matter of Geo’s restoration is pending as the dialogues are continuing between the Geo management and Dubai Media City. On this ground he again sought 10 days’ time to submit comments.
Petitioner’s counsel Ali Mazhar vehemently opposed the request of adjournment and seeking further time by the deputy attorney general on the ground that the court has already given more than 13 days time earlier to him for filing comments but he failed to do so. He then argued that this is a very serious matter, as at least the jobs of 4,500 employees are at stake and 4,500 employees mean 4,500 families. This is the 26th day of suspension and if the suspended channels are not restored immediately then the petitioners will not be able to pay their salaries and for the payment of salary approximately Rs 6 crore are required.
Ali Mazhar produced a circular issued by Pemra in the month of January 2007 whereby all cable TV network operators were informed that Independent Media Corporation (Pvt) Ltd and Birds (Pvt) Ltd have obtained the landing rights licences of “Geo News” “Geo Entertainment”, “Geo Super” and “Aag TV” from Pemra and all cable TV operators were required to relay above channels through their cable TV networks.
Besides, he also produced the landing rights application forms, list of eligible channels and landing rights licence fee tariff available on Pemra web site. He said after obtaining the landing rights licence, the petitioners channels have become eligible channels required to be relayed by all cable TV networks and their eligibility proves from the landing right licence, cable TV regulations and notification issued by Pemra in the month of January 2007 requiring all cable TV operators to relay the above channels of Geo TV Network.
Ali Mazhar argued that the respondents have suspended the transmission of channels verbally without issuing any written order or show-cause notice and this fact is already mentioned in the memo of the petition.
He went to argue, “Besides, this is also against section 24-A of General Clauses Act as no written reason has been conveyed or assigned to the petitioners as to why the transmission has been suspended nor was any opportunity given to defend any allegation, if any.”
The petitioners’ advocate also argued that on the last date of hearing a list of 21 channels was produced which have been restored and two or three days earlier, two more channels of ARY were also restored and now only Geo TV Network channels are under suspension which is highly discriminatory.
The petitioner’s counsel further argued that the respondents have nothing to do with any suspension of Geo News from Dubai as the petitioners are valid licence holder in Pakistan with valid licence, so their case may only be adjudged under Pakistani laws.
After hearing the argument, the court inquired from the deputy attorney general why Geo TV channels are not allowed to being on air when Pemra has charged huge licence fee from them. Answering this query, Deputy Attorney General Rizwan Siddiqui vehemently stated that there is no written order issued for suspension and the respondents have not imposed any ban or suspension on Geo TV Network.
On this statement, Ali Mazhar requested the court to record the statement of the deputy attorney general. The deputy attorney general also made a submission that instead of him,the attorney general for Pakistan will himself argue this matter.
The court said the deputy attorney general has already taken much time for filing the comments. Later, the court adjourned the matter for hearing on Nov 29, 2007 when the matter will be heard for a final decision regarding the restoration of Geo TV channels’ transmission.
Source: The News
Date:11/28/2007
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