
ISLAMABAD:
After the complete and shocking failure of the Pakistan Electronic Media
Regulatory Authority (Pemra) to get the transmission of Geo News
restored despite the clear and strict judgment of the Supreme Court and
inaction of the authority against the cable operators, Geo has written a
letter directly to all the cable operators, pressing them not to
ridicule the orders of the Supreme Court.
In its
letter, Geo has reminded all the cable operators that though Pemra has
conveniently failed to get the orders of the apex court implemented, the
cable operators themselves were also violating the terms of their
licence by first shuffling the Geo News number and later suspending the
transmission.
The channel has reminded all the cable
operators that suspending the transmission of a channel was the worst
violation of the Constitution and law and after the SC verdict it was
tantamount to making a mockery of the institutions and the state.
Regarding
the cable operators’ claim about threats to them, it is also stated
that the cable operators have been either blacking out the Geo channels
or shifting them to the furthest numbers since April 24, but they have
never contacted the police or the authorities concerned with proof. They
never gave the police any phone number from where the threats were
received. The cable operators were also reminded that when in the past
they changed Geo position, the Supreme Court issued strict orders to
them, Pemra and the government to set the things right.
Geo
has highlighted that due to mysterious reasons, the cable operators
were openly confronting the apex court and were punishing the Geo/Jang
Group for taking its case to the Supreme Court to get justice after
operators across the country blocked the transmission of all other
channels of the group, including Geo Super, Geo Tez, Geo Kahani and Geo
Entertainment.
This attitude of cable operators and hidden
forces backing them is the worst example of confronting the
judiciary.The letter was sent to all the cable operators and also copied
to Pemra, all members of the authority and the Federal Ministry of
Information and Broadcasting by the legal counsel for Geo Faraz Raza.
The relevant portions of the letter are reproduced here:
1.
For the last several weeks, you have been violating the terms of your
license by deliberately and illegally first shuffling the channel from
its normal position and then completely suspending the transmission of
Geo News.
2. Our client repeatedly reported your violation
of license to Pemra, requesting that Pemra must take immediate steps to
have transmission of Geo News restored but Pemra illegally in violation
of its statutory obligation, failed to get Geo News transmission
restored at its previous position.
3. Your continued
violation of your license, and Pemra’s illegal omission to have Geo News
transmission restored, left our client with no option but to approach
the Honourable Supreme Court of Pakistan with the grievance that Pemra
is not implementing the order of Hon’ble Supreme Court of 2010 in which,
relying on the Court’s appointed Mediator Mr. Javed Jabbar’s Report,
Honourable Supreme Court had directed Pemra to ensure that two channels
Geo News and ARY News were not shuffled from their current position.
4.
On 26.05.2014, the honourable Supreme Court disposed off our client’s
petition on the basis of Pemra’s counsel Mr. Ibrahim Satti and Pemra’s
Head Legal Department Mr. Zahid Malik, undertaking that Pemra “shall
abide by the terms of order dated 13.08.2012 passed in Constitution
Petition No.51 of 2010, by which the report of Mr. Javed Jabbar, the
Mediator, was made part of the said order and that the Pemra will ensure
that there is no shifting of the channels contrary to or in violation
of the order dated 13.08.2012.”
5. It may be noted that
the illegal so-called order supposedly passed by three members of Pemra,
preceded the hearing of our client’s petition in the Hon’ble Supreme
Court. Neither Pemra accepted the so-called decision of three private
members, nor did Pemra or any anyone else bring it to the Honourable
Court’s attention at the time of hearing and the order of Honourable
Supreme Court does not even mention the illegal meeting of three private
members who have been announcing their decision on rival TV channels.
6. You therefore have absolutely no excuse to disobey the clear orders of Honourable Supreme Court of Pakistan.
7.
However, it is shocking to note that despite the above clear direction
of Honourable Supreme Court of Pakistan, you still continue to keep Geo
News ‘transmission suspended without realising that it is not only
illegal and a clear violation of your license, but now it amounts to
contempt of court too’.
8. For your easy reference, we are
producing below certain relevant excerpts of the order of the Hon’ble
Supreme Court of Pakistan on a petition filed by our client and that was
clubbed with a petition of ARY News, titled Shahid Masood versus The
Federation of Pakistan and published PLD 2010 SCMR 1849, that the
Supreme Court has now directed to be implemented:
“11.
Such was then the importance attached to the obligations, inter alia,
cast on the Cable T.V. Network Operators offering the distribution of
services and the importance attached to the undisturbed distribution of
the said services by such operators. It would also be noticed from the
said provisions that:
(iii) the license of any such
operator causing any interference/obstruction in the distribution of any
broadcast could result in suspension or even revocation of the license
granted to such an operator;’ and
(iv) such an act of
interference and obstruction was also a penal offence carrying a
sentence of imprisonment up to three years or a fine of rupees ten
million or both and such an offence was a cognizable offence authorizing
the police to arrest the accused persons without any warrant. [emphasis
provided]
The reason for such weight being attached to
the said business is not far to find as the same stems out of the
fundamental rights of freedom of speech, expression and of press as
guaranteed by Article 19 of the Constitution and equally importantly, if
not more, the right of every citizen to have access to information in
all matters of public importance as guaranteed by the recently inserted
provisions of Article 19-A of the Constitution.
13. In
this view of the matter, we find that the act of the respondent
Operators of the Cable T.V. Networks blocking/obstructing the
transmission of ARY News and GEO News and the consequent denial of
distribution service to the said Channels and to the viewers who were
paying the said operators for the said service, prima facie, was a gross
violation of the terms and conditions of the licenses granted to them
under sections 20 and 24 read with the provisions of sections 27 and 28
of the said Ordinance of 2002 and thus attracted penal provisions of
sections 30 and 33 of the said Ordinance in respect of not only the ones
committing the said violations but also those abetting the same.
[Emphasis provided].
15. ... ... ... The said blockade,
prima facie, was not only a denial of duty towards the law, towards
Pemra and towards the two broadcasters, but was also a serious breach of
the constitutional, legal, moral and financial obligations of the cable
operators in question to the hundreds and thousands of subscribers who
had the right to information and who had paid for their right to
viewership. ... ... ...
17. Having thus examined the
factual, the legal and even the constitutional aspects of the matter;
the factually incorrect claims being made before us and the consequent
legal violations, it is ordered, for the present, as under:
(i)
.... Pemra shall ensure immediate distribution of broadcast services of
Pemra licensed channels, namely, ARY News and GEO News, even if the
same involves strict legal action against the delinquent cable T.V.
operators, if any;
(ii) ... Pemra shall personally monitor
and ensure that the transmission of the broadcast of the said two
channels i.e. ARY News and GEO News is continued to be aired without any
hindrance or obstruction of whatever kind.”
9. It is in
view of above clear directions of Honourable Supreme Court of Pakistan
that we call upon you to immediately restore transmission of Geo News on
its original position at which you were showing it a month ago.
10.
As, despite above clear direction of Supreme Court of Pakistan, you
have illegally continued to keep Geo News off air, Pemra was required by
the statute as well as under the above-quoted direction of Supreme
Court to not only proceed with formalities to suspend and then revoke
your license, but also to prosecute you for the offence of causing
obstruction in the broadcasting of Geo News. Unfortunately, to-date,
Pemra has failed to do either of the above.
11. This
letter is being copied to Pemra and Ministry of Information. In case
Pemra still fails to have Geo News’ transmission restored, our client
shall have no option but to approach the Honourable Court for
appropriate actions that may be available under law against any person
who may be committing the offence of disobeying clear orders of Hon’ble
Supreme Court of Pakistan or being party to an effort not to allow the
Court’s order to be implemented.
12. In addition to what
has been stated in this letter, it is shocking to discover that instead
of complying with the direction of Honourable Supreme Court by restoring
the transmission of Geo News to its original position, as if in order
to punish us for approaching Supreme Court for relief or to show extra
contempt to Honorable Court, you have illegally suspended the remaining
channels of Geo TV network too, namely Geo Tez, Geo Kahani, Geo
Entertainment and Geo Super. There could not be worse example of showing
contempt to the Honorable Court.
13. Suspension of all
our channels is causing huge losses to Geo TV network on a daily basis
for which, apart from other legal remedies against you, we shall seek
compensation from you for the financial damages that you are causing to
our client by illegally suspending all the channels of Geo TV network.