KARACHI: Three petitions against Pemra law admitted
By Our Staff Reporter
KARACHI, July 25: The Sindh High Court admitted to regular hearing three petitions challenging the validity of the June 4 Pakistan Electronic Media Regulatory Authority Ordinance.
The main petition has been moved by Sindh Bar Council members Salahuddin Gandapur and Mohammad Aqil through Advocate Mustafa Lakhani.
Pemra has filed its comments in the petition, saying that no cause of action has accrued to the petitioners because neither they were an aggrieved party nor the impugned provisions have yet been put into effect.
The new provisions were aimed at streamlining regulation. In fact, Pemra counsel Kashif Hanif said, the authority was in talks with the channel owners, the real parties with a stake and locus standi, and they were considering alternative proposals for better regulation.
Advocate Lakhani, however, argued that the freedom of expression and information guaranteed by Article 19 of the Constitution was a fundamental right ensured to all. It was not meant for the benefit of newspaper and channel owners. Every individual had a right to know and express his views.
The new, restrictive provisions were thus the concern of every individual. But insofar as they intended to curb coverage of the lawyers’ campaign in favour of Chief Justice Iftikhar Mohammad Chaudhry, the lawyers were directly aggrieved by the promulgation of the new ordinance.
Two petitions against the ordinance moved by Advocate Shahadat Awan on behalf of the People’s Lawyers Forum and Syed Iqbal Kazmi, a human rights campaigner, also came up and a division bench comprising Chief Justice Sabihuddin Ahmed and Justice Nadeem Azhar Siddiqui admitted them and decided to hear them on Aug 7.
The petitions shall proceed whether or not the federal information ministry and the Pemra file comments and put in an appearance.
Meanwhile, Justice Azizullah M. Memon of the Sindh High Court has extended the interim order granted by him in favour of the BBC. The corporation complained that Pemra had unilaterally and arbitrarily withdrawn its permission for relay of BBC news bulletins through FM 103.
Pemra said no permission had so far been granted and no withdrawal was involved. The appellant corporation had only been asked to submit its articles and memorandum of association for consideration by the authority. The documents were still under consideration and a decision could not be challenged in anticipation.
The appellant said the authority’s direction to FM 103 against carrying the BBC news bulletins was an infringement of its right under the Pemra Ordinance and it was entitled to interim relief pending its appeal.
Justice Memon adjourned the hearing to Aug 2 and extended his interim order for airing BBC news on FM 103 till that date.
