A three-member bench of the apex court headed by Justice Ejaz Afzal Khan and comprising Justice Ijaz Ahmed Chaudhry and Justice Mushir Alam, resumed hearing into Civil Miscellaneous Application (CMA)- 3096/2014 in CMA-2774/2014 in Constitutional petition. No 51 of 2010, filed by Independent Media Corporation on behalf of Geo TV.
The court directed its office to provide transcripts of the programme aired by ARY TV on May 21, 2014 against the judiciary by next Tuesday and adjourned the hearing.During the course of the hearing Taufeeq Asif advocate drew the attention of the court towards the banners and posters, displayed in Rawalpindi against the judiciary. He informed the court that a conspiracy is being hatched to defame the judiciary saying that he had already filed a petition and requested for taking up the matter at the earliest.
He informed the court a banner was displayed in the Katchery, Rawalpindi, against Justice Jawad S Khawaja and his family. Taufeeq Asif claimed that the lawyer’s community has made sacrifices for the independence of judiciary however some elements were bent upon defaming the judiciary.
Justice Ejaz Afzal Khan however told the lawyer that when the petition came before them, they will hear it but at present the court is hearing another issue.Sheikh Ahsanuddin advocate, another lawyer also came hard on the programme, aired by ARY Television against the judiciary saying that Mubashir Luqman, the anchor of ARY TV has crossed all the limits while criticising the judiciary.
He further said that it is on record that Mubashir Luqman was caught red handed while conducting a live programme wherein he was taking dictation for posing questions. He also requested the court to take up the petition in which he had filed a CMA, praying to become a party.
Justice Ejaz Afzal Khan however, also asked the lawyer that let his petition come before them and listed, they will hear it.
Justice Ijaz Ahmed Chaudhry, another member of the bench observed that they will decide the case in accordance with law instead of getting emotional. He further said that the lawyer’s community has made valuable sacrifices for the independence of judiciary and they lauded the role of the legal fraternity.
“But we will decide the case in accordance with law as it is their responsibility to decide in accordance with law”, Justice Ejaz Ahmed Chaudhry remarked adding that they will not get emotional even if it relates to their fellow judge but would decide the matter in accordance with law.
He further said that this bench has been constituted for a limited time to hear the matter. Meanwhile, the court directed its office to separate the clips of the programme which were referred to them and provide them by next Tuesday.
Earlier, On June 2, 2014, the court had summoned CDs of the programme, aired by ARY TV against the judiciary on May 21, 2014 and had directed its office to arrange multimedia so that it may be benefited to watch the clips of programme, aired by ARY TV.
On Wednesday, the court watched some clips of ARY programme in the courtroom and thereafter directed its office to separate those clips of the programme which had been referred to the bench by the Chief Justice of Pakistan.
It is pertinent to mention here that Chief Justice of Pakistan (CJP) Justice Tassaduq Hissain Jillani on May 31, 2014 constituted a three-member special bench in pursuance of the order of a two-member Bench headed by Justice Jawwad S. Khawaja and comprising Justice Gulzar Ahmed, dated May 26, 2014 wherein the Bench had directed Registrar, Supreme Court that order dated May 22, 2014 and May 26, 2014 be brought to the notice of the CJP for further appropriate orders.The CJP had also sent to the bench, Para 4 order of the apex court of May 22, 2014 with a transcript having two clips of the ARY programme.
