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Restrictions on TV channels challenged in SC
ISLAMABAD: Restrictions on TV channels clamped on November 3 after the proclamation of emergency and the imposition of the PCO were challenged in the Supreme Court here on Wednesday, praying that restrictions on the channels be declared illegal, void and without lawful authority.
A constitutional petition was filed in the superior court by Qazi Sheharryar Iqbal, advocate, praying the apex court that the blocked TV channels should be allowed to start their normal operations so as to enable the people of Pakistan to enjoy their right of choice of information and freedom of speech and expression.
The petition was filed under Article 184(3) of the Constitution, making the Federation of Pakistan through Secretary, Ministry of Information, and Pakistan Electronic Media Regulatory Authority (Pemra) through its chairman as respondents.
The petitioner has challenged the promulgation of the Ordinance, LXV of 2007 whereby the provisions of the Pemra Ordinance, 2002 were further amended. He prayed to the court to strike down the provisions of sections 20 and 33 of the ordinance of 2002 and other provisions being unreasonable restrictions on the freedom of speech and expression guaranteed under the Constitution along with any further relief which the court considers just and proper in the facts and circumstance of the case.
The counsel stated that terms and conditions of the licensee were set out in Section 20 of the ordinance as amended by ordinance on November 3, 2007 purported to ensure the preservation of the national, cultural, social and religious values and the principles of public policy as enshrined in the Constitution and to ensure that all programmes and advertisements did not contain or encourage violence, terrorism, racial, ethnic or religious discrimination and not broadcast any programme or discussion on a matter which was sub-judice, etc.
Similarly, he stated that the ordinance of November 3, amended section 33 of the ordinance 2002 concerned any broadcast media licensee or its representative who violates any provision of this ordinance “shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten million rupees or with both”.
The petitioner stated that the provisions of the ordinance as amended on November 3, 2007 were contrary to the right of freedom of free speech, expression, information and debate of the citizens of Pakistan and was accordingly liable to be struck down and set aside.
The petitioner also prayed to the court to declare any restriction or fiscal imposition on the manufacture or import of any electronic media equipment was without lawful authority and of no legal effect.
Qazi Sheharyar Iqbal contended that further pursuant to the ordinance of November 3, followed another illegal action of the closure of a number of TV channels some of which were still off the air although some of the closed TV channels had resumed their telecast operations.
He stated that the off airing of the channels had subverted the freedom of speech, expression, information and free media choice of a large number of people of Pakistan and even abroad. The petitioner stated that the amendment for its deleterious and damaging character and being not in conformity with the present day values had invoked deep resentment, protest and condemnation from the media bodies and others both within and outside the country.
He stated that the Constitution provided for the inviolability of the dignity of man as ensured by Article 19 of the freedom of speech and expression, one of the fundamental instincts and discretion of man.
He prayed to the court that the uncalled for and illegal restrictions on the TV channels closed on November 3, 2007 be declared illegal, void and without lawful authority and the closed channels be allowed to start their normal operations so as to enable him and people of Pakistan to enjoy their right of choice of information and freedom of speech and expression.
Journalists observe black day
KARACHI: The journalists’ community observed a ‘black day’ on Wednesday against restrictions imposed on the media and closure of TV channels. A protest meeting was held at the Karachi Press club.
The black day was organised under the second phase of the protest plan announced by the Pakistan Federal Union of Journalists (PFUJ). The three-day protest camp set up outside KPC ended with different community leaders including trade unionists, civil society organisations members and political party leaders continuning their visits to the KUJ camp and expressing their solidarity with the media people.
The protest camp was set up on Monday in which lawyers, retired Judges and politicians assured all-out supports to the community.
The journalists shouted slogans against gagging of the media, demanding immediate lifting of ban on TV transmissions, withdrawal of the two PEMRA ordinances. They wore black armbands to register their protest, staging sit-ins and protest demonstrations. They also staged a sit-in at the Jang office to express solidarity on the issue of closure of Geo TV and recorded their statement in the book placed outside Geo’s office, in the street which was renamed’Azadi Gali’
‘Stand up for press freedom’
KARACHI: “We believe that the freedom of press is not just confined to allowing the TV channels, FM radio, online outlets and the print media to operate. In fact, as long as these organisations are unable to exercise complete control of the editorial content and have the freedom to decide which programme will go on air, the freedom of press will be a farce,” says senior journalist and president of the Karachi Union of Journalists (KUJ), Shamim-ur-Rahman. Furthermore, since the freedom of the press can only be guaranteed in a democratic dispensation and constitutional rule, “our struggle is also aimed at the lifting of the emergency, restoration of the Constitution and other institutions that were targeted after the proclamation of emergency,” he adds.
Born on July 4, 1941, in Patna (India), Rahman is the only child of his parents. He was only three years old when his father, Anees-ur-Rahman, died, after which he was brought up by his maternal grandmother. “We flew from Calcutta to Karachi in August 1947 when Pakistan came into being. I was six at that time, but I still vividly remember the slaughtering of human beings though I did not know whether they were Muslims or Hindus,” says Rahman. After arriving in Karachi, he was admitted to St Jufelhurst School, but after the first standard, he was enrolled in the Pak High School. He passed his matriculation examinations as a private candidate and then joined the S.M. Arts College in 1959.
Shamim-ur-Rahman was an activist of the left-wing students’ organisation, the National Students Federation (NSF), and was thrown out from the college when as many as 12 NSF leaders, popularly known as ‘bara imam,’ were expelled from Karachi due to their anti-government activities during the Ayub era. Later, he did his graduation from the Islamia College in 1963 and earned his Master’s degree in International Relations in 1965.
While Rahman was a student at the University of Karachi (KU), he joined the Pakistan Press International (PPI) as a reporter. In 1966 he joined the Islamia College as a lecturer of International Relations and also continued his job at the PPI.
In 1969, he joined the Business Recorder, where he worked for a while, and later opted for The Sun newspaper, which was considered one of the most exciting newspapers of the time. Rahman simultaneously worked for a German organisation, the Asian Television Service, in which the Pakistan Television (PTV) had a stake. When the Germans left Pakistan in the wake of the East Pakistan debacle in 1971, the Asian Television Service was merged with PTV and as a result, Rahman became an employee of the latter. Rahman also has the distinction of establishing the AFP bureau in Karachi in 1968. He joined Dawn in 1993 where he still continues to work.
With his long experience in the print and electronic media and his association with the NSF, Rahman is quite vocal about the rights of the journalists, but believes that a harmonious relationship between the media workers and management is essential to make the media viable and vibrant. This can only be achieved if the media workers are paid well. “We believe that the media workers and the owners are two wheels of the same chariot and they must work in harmony. Disharmony will dismember the chariot which is in nobody’s interest,” he adds.
Rahman was among 180 Karachi journalists, who were arrested while protesting against the draconian press laws outside the Karachi Press Club on November 20.
Imran visits Geo protest camp today
LAHORE: Pakistan Tehrik-e-Insaf Chairman Imran Khan will visit the Geo protest camp to express solidarity and also sit at the hunger strike camp at the Lahore Press Club on Thursday.
PTI Punjab President Ahsan Rasheed announced this at a press briefing at the party office on Wednesday. Addressing the journalists after meeting of PTI Punjab, Ahsan said the meeting had devised post-election strategy of the PTI. He said the PTI’s decision to boycott the polls was widely lauded by people. “We must join hands for an independent judiciary and Election Commission” he said. The deposed judges are heroes of all the nation, therefore civil society, political parties and lawyers should support them, he said. He said the future of the country was uncertain until the judiciary was independent.
He alleged that President Pervez Musharraf as a dictator had engineered the results of elections to save and prolong his rule. He vowed to speed up the anti-government campaign while announcing the PTI would contact public to muster support. Imran Khan will undertake a countrywide tour in this regard, Ahsan announced, while asking the APDM to boycott polls keeping in view public sentiments.
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