Text of PFUJ, APNEC petition
ISLAMABAD: Following is the text of PFUJ-APNEC petition filed in the Supreme Court on Wednesday.
"1. The Pakistan Federal Union of Journalists (PFUJ), through its President Mr. Abdul Hameed Chhapra Karachi Press Club, 267 Sarwar Shaheed Road, Karachi.
"2. All Pakistan Newspapers Employees Confederation (APNEC), through its Secretary-General Mr. Pervez Shaukat, Rawalpindi Club, Liaquat Bagh, Rawalpindi.
.PETITIONERS
VERSUS
"1. The Federation of Pakistan, through Secretary Ministry of Interior, Government of Pakistan, Islamabad.
"2. The Secretary Ministry of Information & Broadcasting, Government of Pakistan.
"3. The Ehtesab Bureau, through its Chairman Senator Saif-ur-Rehman, Prime Minister's Secretariat, Islamabad.
RESPONDENTS
PETITION UNDER ARTICLE 184(3) OF THE CONSTITUTION OF PAKISTAN 1973.
"Respectfully Sheweth:
POINTS OF LAW: The following points of law are involved in this petition:
"1. That the respondents are interfering with the freedom of the Press as guaranteed under Constitution of Pakistan and undue harassment has been unleashed against the members of the petitioner organisations which is violative of Articles 14, 18 and 19 of the Constitution of the Islamic Republic of Pakistan.
"2. That the arbitrary distribution of government advertisements to newspapers through defective policy of the government indirectly but most effectively violates the freedom of the Press as guaranteed under Article 19 of the Constitution of Pakistan.
"3. That the respondents denial in giving access to government records and record of subordinate offices and authorities is a limitation on the trade and profession of journalists and their freedom of profession is thus violated by the respondents which is guaranteed under Article 18 of the Constitution of Pakistan.
"4. That the respondent No. 2 i.e. Ministry of Information is acting in an illegal manner by disseminating disinformation and misinformation and pursuing a policy of suppressing the freedom of Press and the freedom of journalists which violates Articles 18 and 19 of the Constitution of Pakistan.
"5. That the intimidation of the respondents and their interference in the professional work of newspaper Jang Group and other publications has a direct effect upon the independence and freedom of journalists which is violative of Articles 18 and 19.
"6. That the respondents manipulate through distribution of quota of newsprint the entire print media of the country and their employees and thereby make mockery of the guarantees of the freedom of the Press and trade granted by the Constitution of Islamic Republic of Pakistan.
"POINTS OF FACTS: That the following are the brief facts of the case.
"1) That the petitioner No. 1 is a trade union of working journalists of Pakistan which is governed by the constitution and was formed on the 2nd August 1950. The principal office of the petitioner No. 1 is situated at Karachi Press Club, 267, Sarwar Shaheed Road, Karachi. The petitioner's organisation has authorised Mr. Abdul Hameed Chhapra to file the present petition.
"2) That the petitioner No. 2 is a confederation of journalists comprising authorised trade unions and federations of journalistic profession and newspaper workers. Mr. Pervaiz Shaukat, the Secretary-General of the petitioner No. 2 organisation has been authorised to file the present petition.
"3) That the petitioner organisations for more than 40 years after independence have been struggling to promote a democratic culture in Pakistan and uphold the universal fundamental rights of which freedom of the press and journalism is the most vital. Towards this end, the petitioner organisations have struggled against military and civilian rule in order to provide people responsible information through the media particularly the print media. The petitioners have at the same time worked for improving the economic rights of journalists and press workers. In order to achieve these objectives, members of the petitioner organisations have suffered on several accounts. They have been imprisoned under various Security Acts, the Defence of Pakistan Rules, the Maintenance of Public Order Ordinance, Martial Law Orders, Martial Regulations and the Officials Secret Act. Many members of the petitioner organisations have been deprived of their livelihood because of the illegal pressure put by various governments on newspaper owners who have been obliged from time to time to relieve independent journalists from their work and at many occasions journalists were compelled to leave the profession owing to threat of violence by the authorities. Some examples of blatant pressure by the executive on the freedom of Press have been the closure of many newspapers from time to time including The Sind Observer in the late 40s, The Times of Karachi in mid 50s, Ittefaq Dacca during the Ayub regime, Musawat during the Yahyaa regime, Punjab Punch, Zindgi, The Frontier Guardian, The Sun, Hurriyat, Jasarat and Mehran during Bhutto era and Musawat Karachi, Musawat Lahore, and Sadaqat Karachi during Zia-ul-Haq regime.
"4) That the respondents have been successful in their evil designs of curbing the freedom of the press and journalists through arbitrary distribution of advertisements and restrictions on newsprint supplies which is under the total control of the respondent No. 2
"5) That as before in the recent past, the respondent No. 2 has used offices of the respondent No. 1 & 3 to harass and intimidate the petitioner organisations and newspaper owners and as such it has resulted in closure of independent newspapers, firing from services of independent journalists and of compelling journalists to write to the tune of the government or to censor important information which ought to be reaching the public which is a matter of public importance.
"6) That the Officials Secrets Act and the Press & Publications Ordinance, 1963 are violative of the freedom of the Press and are a chain around the freedom of the journalists and hampers their independence.
"7) That the members of the petitioner organisations have been harassed for printing information of public importance and threatened arrest through the use of Officials Secret Act.
"8) That presently the livelihood and independence of the members of the petitioner organisations is at stake as the respondents have unleashed the strategy for terrorising the Jang Group which is the largest newspaper group of the country and are demanding that reputable and independent journalists be thrown out of the organisation of Jang Group and be replaced by henchmen of the government who may disinform the public of the actual facts which would be a complete negation of the freedom of the Press and freedom of trade and profession as guaranteed in the Constitution of Pakistan.
"9) That through the actions of the respondents and the absence of importance legislation to give effect to Articles of 18 & 19 of Constitution of Pakistan, the members of the petitioner organisations are being intimidated and harassed through the provisions of the Press & Publications Ordinance and the Officials Secrets Act. The petitioners cannot freely practise their profession and the freedom of the Press will not be able to fulfil the aspirations of the people who have a fundamental right to information through this institution.
"10) The petitioners pray for the acceptance of the petition inter alia on the following:
"GROUNDS:
a) That the respondents are interfering with the freedom of the Press as guaranteed under Constitution of Pakistan and undue harassment has been unleashed against the members of the petitioner organisations which is violative of Articles 14, 18 and 19 of the Constitution of the Islamic Republic of Pakistan.
"b) That the arbitrary distribution of government advertisements to newspapers through defective policy of the government indirectly but most effectively violates the freedom of the Press as guaranteed under Article 19 of the Constitution of Pakistan.
"c) That the respondents denial in giving access to government records and records of subordinate offices and authorities is a limitation on the trade and profession of journalists and their freedom of profession is thus violated by the respondents which is guaranteed under Article 18 of the Constitution of Pakistan.
"d) That the respondent No. 2 i.e. Ministry of Information is acting in an illegal manner by disseminating disinformation and misinformation and pursuing a policy of suppressing the freedom of the Press and the freedom of journalists which violates Articles 18 and 19 of the Constitution of Pakistan.
"e) That the intimidation of the respondents and their interference in the professional work of newspapers Jang Group and other publications has a direct effect upon the independence and freedom of journalists which is violative of Articles 18 & 19.
"f) That the respondents manipulate through distribution of quota of newsprint the entire print media of the country and their employees and thereby make mockery of the guarantees of the freedom of the Press and trade granted by the Constitution of Islamic Republic of Pakistan.
"PRAYER: It is therefore respectfully prayed that this Honorable Court be pleased to:
"i) Direct the Respondents not to interfere with the freedom of the press by malafide and undue harassment of the members of the Petitioners.
"ii) Direct the Respondent No. 2 to formulate an equitable policy for a just distribution of the Government advertisement to newspapers.
"iii) Direct Respondent Nos. 1 & 2 to allow proper access for journalists to all governmental records and the records of subordinate offices and authorities so as to enable them to perform their functions effectively and properly. In addition, to direct Respondent Nos. 1 & 2 to make a law allowing journalists access to public records, and till such time the same is done Respondents Nos 1 & 2 be directed to lay down a well defined and equitable policy and till such time that a policy is laid down the Supreme Court should lay down principles regarding journalists access to official records.
"iv) Direct Respondents Nos. 1 & 2 to abolish the Ministry of Information as being a burden on the exchequer and being an instrument of repression and dissemination of mis-information. In the alternative direct the said Respondents to make clear laws governing the subject of information, press and publications consistent with the Constitutional Rights.
"v) Declare that the arbitrary withholding of government advertisements to newspapers is violative of Articles 18, 19 & 25 of the Constitution.
"vi) Direct the Respondents not to interfere in any professional work of the newspapers of Jang Group or any other publication.
"vii) Declare that the arbitrary actions enumerated hereinabove taken by the Respondents individually or collectively against the Jang Group and other publications are malafide and without lawful authority and in utter violation of fundamental rights guaranteed to the members of the Petitioners by Articles 4, 14, 18 and 19 of the Constitution.
"Any other relief which this Honourable Court deems just and appropriate in the circumstances of the case."