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Future of 4,500
Geo employees in limbo
40-day closure costs channel Rs1bn; SC moved against SHC verdict;
people demand restoration of four Geo channels
ISLAMABAD: The Independent Media Corporation Private Limited and Birds
Private Limited have filed a civil petition (941/2007 and 942/2007)
for leave to appeal in the Supreme Court of Pakistan on December 10
against the dismissal by the Sindh High Court (SHC) on December 4 of
applications challenging closure of Geo Television Network
transmission.
Two urgent
applications were also submitted with the petition praying the court
to fix the petitions for hearing on December 12 because the matter is
of an urgent nature but the applications could not be fixed on
December 12. Therefore, urgent applications are being submitted so
that the earlier applications could be fixed at the earliest. Both the
applications have been submitted through Advocate on Record Suleman
Habibullah whereas Muhammad Ali Mazhar advocate will argue on the
applications.
A division bench of
the SHC comprising 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 5:30
and 6 pm 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 the 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 the petition, SHC Chief Justice
Afzal Soomro and Justice Mahmood 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 the court at the fixed time, they were told that hearing
was put off because of 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, the
deputy attorney general, the 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 of the Geo.
On this, counsel of
Geo Muhammad Ali Mazhar requested the court to 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 that did not aie news and current affair programmes. The
deputy attorney general had contended that in fact the restriction was
imposed on Geo by Dubai Media City and the federal government had
sought different documents from Dubai and comments on behalf of the
government would be submitted after seeing the documents. Now the
Dubai Media City has restored transmission of the Geo News and it is
expected that the petitioners would be provided relief through an
interim order.
The deputy attorney
general also failed in submitting comments on November 28 and
contended that the attorney general of Pakistan wanted to appear
before the court in person. On this, Geo counsel Muhammad Ali Mazhar
had stated that the deputy attorney general could not submit comments
despite repeatedly getting time and it was inflicting huge financial
losses on the Geo because monthly salaries of employees come to Rs60
million.
The hearing in the
two constitutional petitions of the Independent Media Corporation
Private Limited and Birds Private Limited was adjourned to December 4
for the fifth time on November 29.
On the last date of
hearing, the deputy attorney general had to submit comments in
accordance with the court direction but he again failed in doing so.In
the prevailing circumstances, the future of thousands of employees
attached to the globally popular news channel Geo News, quality
entertainment channel Geo TV, first sports channel of the country Geo
Super and unique channel for youth Aag as well as their families is
facing uncertainty. On the other hand, the financial losses of the
company are also burgeoning while expenditures are continuing as
usual.
Because of ban on
transmission of Geo Television Network inside the country, the company
is facing losses worth millions of rupees and future of 4,500
employees faces grave threat. Eidul Azha is approaching fast and
employees of Geo Television Network are completely uncertain about
their future and facing extremely mental distress. The anxiety among
people of the country is also growing with the every passing day, as
transmission of Geo News, Geo Entertainment, Geo Super and Aag
channels are facing blackout on the cable network in the country and
the company has suffered losses of over Rs1 billion.
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