SHC moved against PEMRA Ordinance
KARACHI — The Pakistan Electronic Media Regulatory Authority (PEMRA) Amended Ordinance 2007 and other ‘attempts’ to curb freedom of Press were challenged in Sindh High Court (SHC) here on Tuesday.
Syed Iqbal Kazmi Advocate has filed a constitutional petition under Article 199 of the Constitution stating that PEMRA Ordinance was promulgated just before 24 hours of the commencement of the National Assembly session, which is illegal and unconstitutional.
The petitioner stated that President would promulgate Ordinance if the House was not in session, but in the case the assembly is set to commence its session the amendment was illegal and unconstitutional and promulgated with malicious intention to gag freedom of Press.
He pleaded the court to declare the Ordinance null and void and referred it to National Assembly for consideration.
The petition said that the government was trying to gag the freedom of Press through various tactics such as subjecting journalist to torture, abducting and threatening them, using the government advertisements as a leverage to control the free Press and blocking the transmission of the TV channels.
Making Government of Pakistan and PEMRA as respondent the petitioners stated that by resorting to such tactics the government and PEMRA have blatantly violated the Article No 4, 8 and 25 of the Constitution and PEMRA Ordinance 2002.
Kazmi maintained that the cable operates by off-airing the transmission of TV channels had violated the PEMRA rules specially rule No 28 of PEMRA Ordinance, under which the cable operators had no right to block or off-air the transmission of any TV channel.
“If any cable operator block or off-air the transmission of any channel then he is supposed to be fined and his license is cancelled under the relevant rules of PEMRA rules and regulations,” the petition said.
The petitioner argued that the state and government are two separate things, adding that government is not above criticism.
Kazmi asserted that the neither the TV channels and free press committed contempt of court nor armed forces as a institution was criticised or any malicious campaign was launched against it.
Instead, the criticism is on President Musharraf, who is not an institution but an individual, it added.
The petitioner also mentioned that some newspaper linked with the coalition parties of the government were continuously carrying out contemptuous reports and article against judiciary. But such reports are going unchecked and the government only taking action against the free press, which portray the real picture of the prevailing situation, he added.
The petition also said that some government official while issuing notifications by themselves attributing these to the superior courts. He has annexed copies of such notifications with the petition. Asserting that the government was violating the citizens’ fundamental right of freedom of expression by imposing curbs on the free media the petition urged the court to take notice of the violations.
Source: Nation
Date:6/6/2007
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