Ban on Gujrat daily declared illegal
Court says DCO could issue the order only after Press Registrar’s advice
Court says DCO could issue the order only after Press Registrar’s advice. PHOTO: LHC.GOV.PK
LAHORE:
Lahore High Court has restored the declaration of a regional daily withdrawn by the Gujrat district administration for publishing a report about a protest over an alleged blasphemy incident.
Justice Faisal Zaman Khan passed the order on an appeal filed by Mir Abdul Razzaq, editor of daily Naya Andaz.
The judge said that the Gujrat DCO’s order was illegal because it was issued without receiving any application from the Press Registrar. He said the DCO had not fulfilled the requirements set out in Section 19 of the Press Newspaper Agencies and Registration of Books Ordinance of 2002. It required the DCO to issue such an order only on receiving an application for the purpose from the Press Registrar.
The judge said that another aspect not taken into consideration by the DCO was that the news report had also been published by other local newspapers. No proceedings were initiated against other newspapers, therefore, the DCO’s action against the petitioner was in violation of Article 25 (equality of citizens) of the Constitution, he added.
The judge held that it was also important to note that a criminal case had been registered about the incident mentioned in the news report under Sections 295, 295-B and 436 of the Pakistan Penal Code with Serai Alamgir Saddar police. Thus, the news report was not published without any basis, he observed.
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The judge also said that the appellant and other publishers should be careful in ascertaining the authenticity of news reports that could have far reaching repercussions. He said language used in such reports should not incite violence or hatred or disrupt interfaith harmony and law and order.
Appellant Mir Abdul Razzaq had submitted that the news report was published on November 28, 2011. He said it was also carried by other newspapers.
However, he said a show cause notice was issued to him alone. He said he had been charged with publishing unauthenticated news content and spreading sectarianism. He said declaration of his newspaper was cancelled after he submitted a response to the notice.
His counsel submitted that the report was published based on information obtained from the Gujrat district information officer.
A law officer appearing on behalf of the DCO submitted that in his response to the notice the appellant was required to either submit an apology for publishing the report without taking into consideration its repercussion or provide a plausible explanation for the action.
He said because the appellant had not done so the DCO was justified in passing the cancellation order.
Published in The Express Tribune, July 6th, 2016.
Lahore High Court has restored the declaration of a regional daily withdrawn by the Gujrat district administration for publishing a report about a protest over an alleged blasphemy incident.
Justice Faisal Zaman Khan passed the order on an appeal filed by Mir Abdul Razzaq, editor of daily Naya Andaz.
The judge said that the Gujrat DCO’s order was illegal because it was issued without receiving any application from the Press Registrar. He said the DCO had not fulfilled the requirements set out in Section 19 of the Press Newspaper Agencies and Registration of Books Ordinance of 2002. It required the DCO to issue such an order only on receiving an application for the purpose from the Press Registrar.
The judge said that another aspect not taken into consideration by the DCO was that the news report had also been published by other local newspapers. No proceedings were initiated against other newspapers, therefore, the DCO’s action against the petitioner was in violation of Article 25 (equality of citizens) of the Constitution, he added.
The judge held that it was also important to note that a criminal case had been registered about the incident mentioned in the news report under Sections 295, 295-B and 436 of the Pakistan Penal Code with Serai Alamgir Saddar police. Thus, the news report was not published without any basis, he observed.
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The judge also said that the appellant and other publishers should be careful in ascertaining the authenticity of news reports that could have far reaching repercussions. He said language used in such reports should not incite violence or hatred or disrupt interfaith harmony and law and order.
Appellant Mir Abdul Razzaq had submitted that the news report was published on November 28, 2011. He said it was also carried by other newspapers.
However, he said a show cause notice was issued to him alone. He said he had been charged with publishing unauthenticated news content and spreading sectarianism. He said declaration of his newspaper was cancelled after he submitted a response to the notice.
His counsel submitted that the report was published based on information obtained from the Gujrat district information officer.
A law officer appearing on behalf of the DCO submitted that in his response to the notice the appellant was required to either submit an apology for publishing the report without taking into consideration its repercussion or provide a plausible explanation for the action.
He said because the appellant had not done so the DCO was justified in passing the cancellation order.
Published in The Express Tribune, July 6th, 2016.