Staff Reporter
Islamabad
The Islamabad High Court (IHC) Chief Justice Athar Minallah on Thursday said the “court cannot grant relief to an absconder.” The Chief Justice was hearing a petition challenging Pakistan Electronic Media Regulatory Authority’s (Pemra) order to ban speeches, interviews and public addresses by proclaimed offenders.
The high court was debating the maintainability of the petition filed by the Human Rights Commission of Pakistan (HRCP) and 15 renowned journalists, anchorpersons and media analysts.
Last month, Pemra had issued a prohibition order to all satellite news channels barring the broadcast and repeat broadcast of speeches, interviews and public addresses by proclaimed offenders and absconders. Pemra had also barred the broadcast of any sort of debate on the possible outcomes of sub judice matters.
The order came after PML-N supremo Nawaz Sharif’s speech was broadcast live by the electronic media while he was addressing a multi-parties conference via video link from London in October.
During the hearing of the petition on Thursday, Justice Minallah observed that if the court threw out Pemra’s order, “all absconders will get the right to go on air”. He asked the petitioners’ counsel, Salman Akram Raja, who would “benefit” from the court’s order in this regard.
“Who are you asking relief for?” the judge asked and noted that the court had ruled, in a previous case relating to former dictator retired Gen Pervez Musharraf, that no relief can be granted to a fugitive.
“[Which person] has Pemra banned?” inquired Justice Minallah. “Pemra has not passed an order against any person,” responded Raja.
The court remarked that “two people have been affected by Pemra’s order” and noted that the “affected parties” were not present.
The court further said only the people affected by the ban can challenge Pemra’s order but went on to add that a “proclaimed offender cannot even challenge an illegal order”. The judge remarked that the “absconding suspects should first surrender themselves before the court and then take advantage of their legal rights”.
The petitioners’ counsel said that since Pemra’s order is issued for media persons and journalists, they were the affected parties. Raja argued that the order had affected thousands of people, not just two. He said the ban had affected the citizens’ right
to information which had been granted by the Constitution, adding that Article 19 (A) gave the right to freedom of expression.
