ISLAMABAD - The Islamabad High Court (IHC) has suspended the PEMRA notification requiring that only retired Armed Forces officers be invited as defence analysts for discussion.
A single bench of IHC comprising Justice Babar Sattar conducted hearing of a petition filed by Col (Retd) Inam-ul-Rahiem Advocate through his counsel Waheed Akhtar Advocate and suspended the notification.
The bench mentioned in its written order that the counsel for respondent No.2 (PEMRA) is unavailable as the vice counsel stated that he is unwell and an adjournment was sought on his behalf.
Justice Babar noted that based on the arguments that this court had heard, the impugned letter dated 04.04.2019 will “stay suspended till the conclusion of these proceedings.”
Later, the IHC bench deferred hearing of the case till February 11, 2025 for further proceedings.
In this matter, the petitioner stated that he has impugned a notification dated 04.04.2019, which required that only retired Armed Forces Officers be invited as Defence Analysts for discussion on defence matters, after seeking prior clearance from Inter-Services Public Relations (ISPR).
He also stated that Pakistan Electronic Media Regulatory Authority (PEMRA) is vested with no jurisdiction to determine who can speak on what subject while appearing on a television channel.
The petitioner further said that there is no legal basis to vest ISPR with the authority to issue a clearance in the form of a No Objection Certificate before a civilian can appear on a television channel and be regarded as an expert on military or defence matters.
He continued that previously he had filed a complaint with PEMRA that General Pervaz Musharraf, who at the time was a proclaimed offender, was allowed to appear on TV channels and disseminate his views, which complaint was rejected on the basis that Article 19 of the Constitution guarantees the right to freedom of speech as an expression, which cannot be curtailed even in the case of a proclaimed offender. Rahiem contended that the impugned notification is in conflict with the decision of PEMRA in the said matter.