Showing posts with label hear. Show all posts
Showing posts with label hear. Show all posts

Sunday, 1 June 2014

CJ forms three-judge bench to hear anti-judiciary TV program





ISLAMABAD: The Chief Justice of Pakistan has formed a three-member bench to hear a case pertaining to an anti-judiciary program telecast by a private TV channel.

The bench headed by Ijazul Hassan will hear the case on June 2. A statement issued by the apex court on Saturday says honorable justice Jawad S Khawaja has not been separated from any case and he will continue to hear the “banner case.”

Justice Khawaja will hear the case on June 10.

Saturday, 31 May 2014

CJ forms three-judge bench to hear anti-judiciary TV program





ISLAMABAD: The Chief Justice of Pakistan has formed a three-member bench to hear a case pertaining to an anti-judiciary program telecast by a private TV channel.

The bench headed by Ijazul Hassan will hear the case on June 2. A statement issued by the apex court on Saturday says honorable justice Jawad S Khawaja has not been separated from any case and he will continue to hear the “banner case.”
Justice Khawaja will hear the case on June 10.

Wednesday, 28 May 2014

Geo moves Pemra to hear its case on merit


 













ISLAMABAD: Geo television has moved Pemra, holding that before proceeding on the complaint of the Ministry of Defence the authority should take the opinion of the Council of Complaints (CoC) under the Pemra law and that Geo should be heard on the merits of the points raised in the complaint under Section 30(3) of the Pemra Ordinance.

The application filed by the Independent Media Corporation (IMC) also made a reference to the Supreme Court’s January 15, 2013 judgment passed by the apex court in the Hamid Mir vs Federation case mentioning that the authority becomes incompetent to pass content regulations in the absence of a chairman and as presently there is no chairman, the authority is not complete and thus cannot proceed in this matter.

The Geo application also pleaded that three members of the authority, namely Israr Abbasi, Mian Shams and Fareeha Iftikhar, have shown their mind and have repeatedly announced to revoke the Geo channel’s licences so they could not sit in the authority as judges on a complaint against Geo. The Geo application also pleads that on May 6, 2014, the lawyer of Geo, Muhammad Akram Sheikh, only submitted some legal objections and is yet to present his submissions on the merits of the complaint filed by the Ministry of Defence, and Geo should be given this right under Section 30(3) of the Pemra law.

The relevant parts of the application moved by Geo on April 27, 2014 read: “1. Your kind attention is drawn to the order of the Hon’ble Supreme Court of Pakistan dated 15th January 2013 passed by Mr. Justice(reported at PLD 2013 SC 244), wherein the Pakistan Electronic Media Regulatory Authority (“Pemra” hereafter) was held to be incompetent to pass content regulations in the absence of its Chairman. Relevant portions of the judgement are reproduced below: “5. We have earlier recorded that at least since 13-5-2011, Pemra has no Chairman. In our order dated 20-12-2012, we have also noted the serious procedural challenge raised by the petitioners, who contend that when the Content Regulations were in the process of being made or when the same were adopted and notified, Pemra did not have a Chairman and was thus not lawfully in existence. Mr. Kazmi [counsel for Respondent No. 2] contended that Dr. Abdul Jabbar was notified and was acting as Chairman of Pemra. This contention is not correct …”

“6. Based on the above, we are quite clear that the Content Regulations which were notified on 25-9-2012 cannot be construed as regulations issued by Pemra …”

“7. Mr. Kazmi then contended that even if Dr. Abdul Jabbar was not a validly appointed Chairman, the de facto doctrine, incorporated in section 3(4) of Pemra Ordinance, would save all his acts; and the Content Regulations too should therefore be deemed to have been saved. This contention is without merit. The statute cannot be read in a way which makes its most important and potent parts such as the provisions about the very composition of Pemra redundant. Such an interpretation of the de facto doctrine verges on utter disregard for the rule of law which is the foundation of our constitutional order. …”

2. Therefore Pemra, as per the above clear ruling of Honourable Supreme Court of Pakistan, in the absence of a Chairman, is not validly constituted to execute and perform functions of the Authority as contemplated by Sections 4 and 6 of the Pemra Ordinance 2002.

3. That notwithstanding the above cited view of the Hon’ble Supreme Court and without prejudice to the legal objections taken by Independent Media Corporation (Pvt.) Ltd. (the answering respondent) in reply to the Show Cause Notice dated 23.04.2014, it is further submitted as under: A. Proviso to Section 30(1)(b) of Pemra Ordinance requires that: ‘Provided that in case of revocation of a licence of a broadcast media, an opinion to this effect shall also be obtained from the Council of Complaints.’

As Authority has not yet obtained an opinion from the Council of Complaints, it is not allowed by the statute to proceed to revoke the respondent’s licence.

B. In addition to above, Section 30(3) of Pemra Ordinance provides: ’Except for reason of necessity in public interest, a licence shall not be … revoked unless the licencee has been given reasonable notice to show cause and a personal hearing.”

It may be noted that Pemra has not yet heard the answering respondent on merits of the complaint. During the hearing dated 06.05.2014, Muhammad Akram Sheikh, senior advocate Supreme Court, raised several preliminary legal objections, including the contention that in the absence of the chairman, Pemra was not lawfully authorised or empowered to hear the instant complaint. Having considered those preliminary objections, Pemra sought the opinion of the Ministry of Law on the legal objections raised. Akram Sheikh did not submit response on merit of the complaint.

C. Now that the authority has received the legal opinion from the Ministry of Law, it must comply with Section 30(3) to afford the answering respondent the opportunity to submit its reply to the complaint on merit. It is thus that the Authority is requested to give the answering respondent reasonable time for right of hearing, without which any decision taken by the Authority will be legally flawed and an abuse of power.

D. Lastly, in the interest of justice and fair play, we wish to place on record the undisputed fact that the following three members of the Authority, namely Israr Abbasi, Mian Shams and Fariha Iftikhar, have disqualified themselves from sitting as a judge and to adjudicate on the issue in question because they have repeatedly, through press conferences and also through various live interviews on different rival TV channels, vowed that they would revoke Geo News licence. All these three members are not only biased but hostile, they have each prejudged the matter even before the meeting of the Authority and hence they are not entitled to participate in the discussion, cast their votes and thus decide this matter.

Any decision taken against the answering respondents that is based on the votes casted by these three biased and hostile members shall not be sustainable under law. As a result of their hostile interviews and expression of their hatred and anger against answering respondent, the said members have rendered themselves incapacitated from taking any part in relation to the complaint as they have prejudged the fate of the complaint.

It is the duty of the Authority to exclude these members from the proceedings to ensure that the right of the answering respondents to a fair trial as guaranteed under Article 10A of the Constitution.

E. Therefore, the ex-officio and other members of Pemra are kindly requested to restrain Pemra from initiating any actions without referring the complaint to the Council of Complaints where the answering respondent is yet to make submissions on merits.

Tuesday, 29 April 2014

Let’s hear the unheard answers

ISLAMABAD: The Pakistani media went berserk last week. ‘Patriotic’ anchors heaped scorn on Geo TV for its remarks about those in an agency held responsible in the wake of an attack on senior anchorperson Hamid Mir.

They were furious about the negative portrayal of those in the agency held responsible but oblivious to the growing concerns over threats to journalists from the intelligence agencies. Their debate was centered on the coverage of allegations against the responsible. Not a single segment, let alone complete programme, was devoted to a discussion of why journalists consider elements in the agencies a threat.

In a majority of the cases, the anchors were found hand-in-glove with the choice panelists. A dissenting voice would form part of the panel but only for the purpose of ‘flogging’ which was inevitable if one belonged to the Jang Group.

My personal experience was no different. One ‘patriotic’ anchor wanted my presence in his show but didn’t want to hear me. In a desperate attempt to make an issue out of nothing, he dismissed the Saleem Shahzad Commission report (demanding legislation for the intelligence agencies) on the grounds that it had wrongly alleged this correspondent of not recording his statement. (As a matter of fact, the then-PFUJ President Pervez Shaukat had conveyed my unwillingness to the commission to record the statement without even contacting me). I told the anchor that it was not the commission’s fault; our journalist representative fed them the wrong information about me but he was unconvinced and handed his own verdict that could discredit the commission report demanding laws for the agencies.

Another channel that invited me for a discussion on the issue censored when I demanded laws for the agencies and said that holding them accountable was the only way forward. The said channel also muted the voice of Kamran Shafi, who was a co-panelist. Even the conclusion of the talk show host, Absar Alam, was censored.

Air Marshal (retd) Shahid Latif regularly featured in the programmes on this subject. He would repeat two questions: (1) Why was the Jang Group against the defence organisations? (2) Why was it that journalists belonging to this group alone who felt threatened by the agency? I tried to answer his questions but it was a cry in the wilderness.

To his first question, I gave a personal example. I have been meeting Shahid Latif several times. He would discuss the issues relating to nepotism and lack of accountability in the defence organisations. Wasn’t he anti-Pakistan by that standard? He was not. Traitors are only those giving voice to the concerns raised by the likes of Shahid Latif.

What about Lt. Gen. (retd) Shahid Aziz who authored a book “Ye Khamoshi Kab Tak.” Any civilian author of such a book could have been termed a traitor, if not killed. Was Lt. Gen. (retd) Shuja Pasha wrong when he told the Abbottabad Commission that his agency had roughed up some ‘decent gentlemen’? Was it the right decision of Musharraf to tell the US channel, ABC TV, about the rogue elements within the agency?

His second question is equally important. Incidentally, he has been found raising this question during TV shows hosted by the channel which lost several employees to terrorism and the TTP had claimed responsibility for the attacks. Does it look good putting this question to the channel inquiring the reason for becoming a specific target of the TTP? By the way, an anchor of that channel had also echoed the same line taken by Shahid Latif. For their education, journalists of the Jang Group and other organisations are also facing similar threats from the agencies.

Rauf Klasra, a senior journalist, is not affiliated with the Jang Group. His recent column would make instructive reading for the likes of Shahid Latif. He should also ask Kamran Shafi, who is also a retired soldier, who had also blamed the agencies for firing at his home in 2010. Absar Alam is also not affiliated with the Jang Group. Azaz Syed was not with Geo TV when his house was attacked twice. Imtiaz Alam is yet another example. Saleem Shahzad is not alive to tell him why he had sensed danger and accused an agency of an attempt on his life. He was silenced through violence. Abdul Salam Soomro, a cameraman of a Sindhi TV channel who made the video of Sarfraz Shah who was gunned down by Sindh Rangers in Karachi, could also explain his threat concerns.

Let’s believe for a moment that Hamid Mir’s suspicion that an agency is involved is baseless. His vocal position on a number of issues earned him many enemies. It is quite likely that somebody else might have attacked him. However, the question remains as to why he considered the agency the main threat to his life.

Let’s suppose that my allegations about the agency’s involvement in my kidnapping and torture were wrong. But it will also have to kept in mind that my belief in this regard was strengthened with the passage of time. The more I interacted with informed persons the more they endorsed my view.

This perception among journalists regarding threats from the agency must be taken up as a challenge by the agency. Equally important is for the ‘patriotic’ anchors to take up this issue in their programmes. Among them are those who were harassed in the past, something they had been sharing. A debate about this negative perception is not going to malign the agency. It will herald a new era of trust with each other.

American journalist Tim Weiner’s book on the CIA — ‘Legacy of the Ashes’ — could not weaken the most powerful agency of the world; it was a litany of failure though. The book rather generated a new debate and triggered reforms making the agency stronger and better.

Note: This reporter and some other people were not allowed to speak. As the Jang Group is being incriminated, to educate people and give the reporter a full opportunity to be heard, it is necessary to publish this story. – Editorial Board