=> The Independent Media Corporation Private Limited
The Independent Media Corporation Private Limited and Birds Private Limited have filed a civil petition (941/2007 and 942/2007) leave to appeal in the Supreme court of Pakistan on December against the dismissal by the Sindh High Court (SHC) on December 4 of applications challenge the closure of Geo Television ,network transmission.
Both the applications have been submitted through Advocate on Record Suleman Habibullah whereas Muhammad Ali Mazhar advocate will represent the applications.
A division bench of the SHC sing justice Muneeb Ahmed Khan and Justice Dr Rana Muhammad Shamim had dismissed as non-maintainable the identical petitions of the Independent Media Limited and Birds Private Limited against closure of the transmission of Geo News, Geo Entertainment, Geo Super and Aag channels after five hearings, observing that several fundamental rights are suspended under the state of emergency and Provisional Constitutional Order (PCO).
During the sixth hearing, the SHC bench had also observed that on the one hand the deputy attorney general was saying no action had been taken against the petitioners while on the other hand he was advancing arguments against the petitions.
The court also asked the counsel of the petitioners that how the petitions were maintainable under the PCO and emergency whereas majority of fundamental rights including rights to freedom of expression and speech were suspended.
On this, Muhammad Ali Mazhar had stated that Article 18 and 4 were not suspended.
It is pertinent to be mentioned here that suspension of the transmission of Geo Television Network’s news channel Geo News, entertainment channel Geo TV, youth’s channel Aag and the first complete sports channel Geo Super was challenged by the Birds Private Limited on November 10 in the Sindh High Court.
It was contended in the petition that Aag and Geo Super were purely youth and sports channels and their licences were granted under the Pemra Ordinance 2002.
The president of Pakistan had proclaimed the state of emergency and PCO on November 3 while the respondents, Ministry of Information and Media Development and Pemra, had banned transmission of all private channels between 530 and 6 p.m. and cable network operators were verbally directed not to transmit broadcasts of the private channels. All the actions were taken without any written directive or issuance of show-cause notice, which was against the principles of natural justice and was illegal.
During the hearing, the deputy attorney general produced newspaper clippings wherein it was reported that the Pemra Ordinance 2007 had been challenged in the Supreme Court.
In response, counsel of Geo Muhammad Ali Mazhar advocate contended that his client was subjected to excess in accordance with Article 199 of the Constitution and it was an important issue, therefore needed immediate redressal. He had stated that Geo TV was a licensee of Pemra and could submit a petition with the apex court therefore it did not need petition of any irrelevant person. In the petition, it was contended that the company was facing grave financial crisis and difficulties in running different affairs because of the government action.
A day after submission of petition, SHC Chief Justice Afzal Soomro and Justice Mehmood Alam Rizvi heard the constitutional petition of Geo on November 12 and directed the deputy attorney general to inform the court after ascertaining from the federal government that what was the reason of discriminatory attitude and what was hampering restoration of the entertainment, sports and youth channels of geo?
The deputy attorney general sought time to contact the federal government and on this the court adjourned the hearing to 4 pm. However, when the Counsel returned to court at the fixed time, they were told that hearing was put off because for the want of time and the date for next hearing will be fixed by the office.
On November 14, the division bench comprising Justice Muneeb Ahmed Khan and Justice Abdul Rehman Farooq Pirzada ordered issuance of notice to the Pemra, deputy attorney general, Sindh Advocate General and the Ministry Of Information for November 16.
On November 27, deputy attorney general Rizwan Siddiqui stated before the court that no written directive was issued for restriction on the geo.
On this, Counsel of geo Mohammad Ali Mazhar requested the court include the statement of the deputy attorney general in the record. While giving time to deputy attorney general Rizwan Siddiqui for submitting comments on the previous hearing, the court had directed him to inform the court after consulting the government about obstacle in restoration of the geo channels where it did not air news and current affair programmes.
Source: The Nation
Date:12/13/2007
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