Supreme Court SC issues notices to FIA andPEMRA in journalist’s harassment case | Pakistan Press Foundation (PPF)

Pakistan Press Foundation

Supreme Court SC issues notices to FIA andPEMRA in journalist’s harassment case

Pakistan Press Foundation

ISLAMABAD   – Taking suo moto notice of journalist’s harassment, the Supreme Court of Pakistan Friday issued notices to the Federal Investigation Agency (FIA) and Pakistan Electronic Media Regulatory Authority (PEMRA) and summoned the Agency DG in-person with the entire original record of the cases against journalists.

A two-member bench of the apex court headed by Justice Qazi Faez Isa and comprising Justice Jamal Khan Mandokhail conducted hearing of the applications of Press Association of Supreme Court and five working journalists wherein it is alleged that large scale violations of fundamental rights enshrined in the Constitution and that the government and/or organizations/agencies under its control are primarily violating the rights.

The applicants stated that journalists are harassed, intimidated, attacked and shot at and there are no consequences for the perpetrators. It is further alleged that those who should be protecting journalists and ensuring the freedom of the press, guaranteed under Article 19 of the Constitution, are involved.

They also submitted a ‘Press Release’, issued by the FIA stating that criminal cases have been registered against some journalists because they report against the judiciary. However, the said Press Release does not disclose what was said against the judiciary.

The bench noted that the judges of the superior courts are mandated by the Constitution to ensure that fundamental rights are guaranteed and enforced. The said Press Release creates an impression that criminal cases were registered at the behest of the judiciary, and in doing so it portrays the judiciary to be inimical to the guaranteed fundamental right of a free press.

It further noted that the FIA appears to have overstepped its legal mandate and to have undermined the people’s confidence in the judiciary which is the guarantor of the fundamental rights. By such tactics, the respect, regard and confidence of the people in the judiciary may be undermined and the judiciary may also be disrespected and portrayed as standing with FIA.

The court order said the Director General of FIA (DG) without whose authorization the Press Release may not have been issued or who till date has not retracted it, be issued notice to disclose who authorized the issuance of the Press Release and to submit his personal written explanation why he permitted its issuance mentioning the judiciary and if it was not issued by him then why did he not withdraw it.

The DG, FIA is also directed to be present in-person in Court along with the entire original record of the cases against journalists in respect of whom the Press Release was issued and is further directed to submit a complete list of the cases filed against journalists, and such list should specify the actual content, that is transcript of the text, which FIA deemed to constitute an offence.

The application also complained that journalists are not allowed to work freely and pursue their careers, which is a violation of Article 18 of the Constitution that guarantees right to enter upon any lawful ‘profession or occupation’. Therefore, if a media house/television channel is prevailed upon to sack any journalist because of his/her independent reporting it appears to violate Article 18 of the Constitution. The Chairman PEMRA is directed to submit his written response disclosing action taken against the media houses/television channels which resort to such tactics.

The bench said ever so frequent attacks on journalists and their abductions, including in the Federal Capital Territory, Islamabad, is another violation of fundamental rights which has been raised in the application. It is stated that the Constitution in its Article 9 guarantees the right to one’s liberty and Article 10 of the Constitution safeguards illegal arrests and detention. This matter becomes a matter of concern when the perpetrators are not arrested and, all the more so, when it happens under the cameras of the Safe City Project, Islamabad. Inability in this regard may suggest incompetence, which may constitute dereliction of duty, or far worse abetment, which is an offence. Therefore, notice be also issued to the Inspector General of Police of the Islamabad Capital Territory and the Ministry of Interior, Government of Pakistan, Islamabad through its Secretary to separately submit their written replies under their respective signatures listing the number of attacks on journalists, the progress made in the investigation of the FIRs, including identifying the attackers, and whether the recordings from the cameras of the Safe City Project were used to trace out the perpetrators. The amount spent on the Safe City Project be also disclosed.

The order said that the allegations have also been made that print media houses/television channels which agree to project a particular political narrative and suppress a contrary one benefit financially by misusing public exchequer funds as they are given advertisements and other benefits while others are deprived. Therefore, notice be also issued to the Ministry of Information and Broadcasting, Government of Pakistan, Islamabad through its Secretary, who is directed to provide details of the amounts paid/disbursed on account of advertisements in the last financial year, till date, and the criteria, if any, used in determining the beneficiaries.

The court decided to treat this application as one under Article 184(3) of the Constitution because it demonstrates that matters of public importance have been raised with reference to the enforcement of Fundamental Rights, including Articles 9, 11, 13, SMC No. 4/2021 5 14(1), 14(2), 15, 18, 19, 19A, 23, 24(1) and 25A and as such it meets the stipulated criteria prescribed in Article 184(3) of the Constitution.

Notices be also issued to the representative bodies of the press, who we are informed are the Pakistan Broadcasters Association (PBA), the Council of Pakistan Newspaper Editors (CPNE), the All Pakistan Newspaper Society (APNS) and the Pakistan Federal Union of Journalists (PFUJ) to state whether the allegations made in the application are correct or otherwise.

The court said that notices to be also issued to the public sector Pakistan Television Corporation (PTC) and Pakistan Broadcasting Corporation (PBC) through their respective Managing Directors/Heads, who are directed to submit in writing whether they are abiding by the guaranteed Fundamental Right of a free press and are complying with the decisions in the above mentioned judgments.

The Attorney General for Pakistan and the Advocate Generals of the four provinces and the Islamabad Capital Territory to be issued notices under Order XVIIA of the Code of Civil Procedure.

The office is directed to number the petitions and fix them on August 26 before the same bench.

Source: The Nation


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