Justice Siddiqui noted, “If any channel is found accommodating him (Lucman), strict action in accordance with law may be taken against that channel.”
The IHC bench was hearing a civil miscellaneous application of the Shohada Foundation of Pakistan Trust (SFPT) through its Trustee Ihtesham Ahmad against the ARY television channel and its anchor Mubashir Lucman for airing contemptuous programmes against the superior judiciary.
The IHC bench noted in its order, “Let secretary Ministry of Information, Islamabad, and chairman Pemra be directed to appear in person to explain as to whether there exists any code of conduct for the electronic media and anchorpersons who are found ridiculing the institutions of the country like the judiciary, the Army and other sensitive institutions and how many complaints have been filed against such persons and TV channels and what action has been taken so far?”
The court order further said, “It is a matter of great concern that Mr Mubashir Lucman, the anchorperson conducting a programme with the name of ‘Khara Sach’ on ARY, has been found crossing all limits of decency, morality and respect for the institutions and limits prescribed by the organic law of the country. His conduct is resulting in spreading hatred against the institution of the judiciary, which is totally uncalled for, but surprisingly, neither the government nor Pemra has taken any action against him.”
After issuing the above order, Justice Siddiqui adjourned the hearing till the last week of June.The petitioner has nominated the Federation through the secretary Ministry of Information, secretary Ministry of Interior, chairman Pemra and Mubashir Lucman, anchor ARY TV channel, as respondents.
The petitioner through his counsel Kalsoom Akhtar advocate contended before the court that that some anchorpersons, particularly Mubashir Lucman, are conducting such programmes which are prejudicial to the integrity, honour, respect and independence of the superior judiciary.
The petitioner referred to an order of the IHC that Pemra could not implement. The order was related to the same matter that reads, “Since, it appears to be the genuine apprehension of the petitioner and ordinary citizens of the country that a defamatory campaign has been launched against the honourable Chief Justice of Pakistan and other judges of the Supreme Court and high courts and there is every likelihood that in order to further scandalise the courts and create sensation, the interested persons are bent upon fabricating material and using the electronic media as a tool in spreading the same so that they may achieve their nefarious designs. Mr Ansar Abbasi, renowned journalist, through his columns dated October 6 and 7, 2012, published in The News had also indicated about the plot. Therefore, Pemra is directed to ensure that no programme containing un-commendable, malicious and wicked material is telecast by any of the channels in which a person of the honourable Chief Justice of Pakistan and other honourable judges of the superior courts are criticised, ridiculed and defamed. This court is conscious of the fact that none is above the law and if there are allegations of misconduct against any judge of the superior courts interested persons may opt for the mechanism provided under article 209 of the Constitution of the Islamic Republic of Pakistan and any device alien to organic law of the country can be termed as nothing but an attempt to abrogate the Constitution of the Islamic Republic of Pakistan.”
The petitioner contended that Pemra had taken no substantial steps to implement the said order of this honourable court and Mubashir Lucman on the ARY TV channel continuing extending the campaign against the former chief justice (retd) Iftikhar Muhammad Chaudhry and judges of the Supreme Court, particularly Justice Jawwad S Khawaja, in a clandestine manner.
The petitioner said Lucman has crossed all the ethical limits of journalism and conducts contemptuous and defamatory programmes wickedly against the honourable judges of the Supreme Court. He ridicules the judges and noble citizens showing their pictures, such as Baba ji etc. Thus he does not follow and practice the norms of journalism and blackmails the noble and respectable professionals and judges.
The petitioner said Mubashir is the same anchor whose real face was exposed along with Mehr Bukhari to the whole world while conducting a planted interview.The petitioner prayed to the court that chairman Pemra may be directed to produce before the court the recorded programmes on CDs titled ‘Khara Sach’ conducted by him on May 22, 23, 26, 27, 28, 2014 and some other dates thereafter up to May 31, 2014.The petitioner further prayed that Lucman may be dealt with in accordance with the law and be restrained from conducting programmes being in excess of his right to freedom of speech.
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