ISLAMABAD - The Islamabad High Court on Tuesday directed PEMRA to immediately stop defamation of judges on electronic media. The order was passed by Justice Shaukat Hussain Siddique on a writ petition filed by a Karachi-based citizen Nadeem Ahmad through his lawyer Barrister Akram Sheikh.
Nadeem had filed a writ petition in Islamabad High Court on Monday and requested the court to direct Pakistan Electronic Media Regularity Authority (PEMRA) to immediately issue a written directive to all national news broadcasters not to broadcast any interview or press conference that may contain defamatory material or statements against judges of superior courts.
The Islamabad High Court on Monday accepted the writ petition on Monday for hearing. On Tuesday, Justice Shaukat Hussein Siddiqui heard the writ petition and issued a notice to Pemra to use its influence and instruct the national news broadcasters to refrain running any material which defame judges.
Earlier, the petitioner told the IHC that he was a practicing lawyer who has always believed that the grave problems being faced by the people of this country can only be solved by strictly pursuing the constitutional path which requires that all executive power of State be entrusted only to persons chosen by the people themselves and then requiring that those persons holding executive power must exercise that power only in public interest and in accordance with law.
The petitioner maintained that he believes that the Judges of Supreme Court and High Courts are not above the law and, and just like any other ordinary citizen of Pakistan, are fully accountable under Article 5 of the Constitution. However, at the same time, the Judges, just like ordinary citizens of Pakistan, are entitled to be protected from defamation.
Citing articles 5, 204 and 209, all three articles being part of original 1973 Constitution Bill, said the petitioner, that was proposed by Zulfiqar Ali Bhutto (Shaheed) for adoption by the Constituent Assembly, are considered together, the following simple and unambiguous three fold constitutional scheme emerges as follows:
No Judge of Honourable Supreme Court or High Court is above the law or entitled to any kind of immunity from being accountable in accordance with law (Article 5).
Any person who feels aggrieved by any illegal act or misconduct of a judge can seek legal ouster of that judge by pursuing the procedure laid down in Article 209 of the Constitution, where country’s five senior most judges are bound to give him a right of hearing and render their view on his complaint, based on which the President may remove that judge from office (Article 209); and
“Abusing or throwing around allegations against any honourable judge through press conference and TV interviews is an offence (Article 204),” claimed the petitioner.
The petitioner maintained in the petition that the wisdom of the above constitutional scheme became quite obvious a few months ago when a prominent real estate developer, instead of engaging a lawyer and filing a proper reference against the Chief Justice of Pakistan, first indulged in malicious rumour campaign, then used live press conference to level scandalous and nasty allegations against the son of Chief Justice of Pakistan.
The petitioner told the court that since last week, a new round of rumours has been unleashed that a new attack against Chief Justice of Pakistan through another live press conferences will be launched and that this time the attack would be so nasty that it will leave no choice for the Chief Justice of Pakistan except but to resign.
The petitioner expressed his wonder over the silence of PEMRA over the defamation campaigns running against the top judges of the apex court and asked the court to direct PEMRA immediately issue a written direction to all national news broadcasters that they must not broadcast any interview or press conference that may contain any defamatory material or statement against any member of the superior judiciary.
The petitioner also requested court to direct PEMRA to suspend the licence of any national news broadcaster that shows any such interview or press conference in which defamatory statements or allegations are leveled against any member of the superior judiciary.
Justice Siddique, while hearing the writ petition issued notices to PEMRA to get stop the defamation campaign against news channels involved.