Live broadcast also sought in military courts case

Moves application in SC, says live telecasting proceedings to ensure 'transparency'

ISLAMABAD:

Civil society members, who previously challenged civilian trials in military courts, have approached the Supreme Court to request live broadcasts of the intra-court appeals filed against the court's verdict that banned such trials. They argue the need to uphold the majesty of justice under full public scrutiny.

A five-member larger bench, on October 23, declared the military trials of individuals detained after the country's violent protests on May 9 null and void during the hearing of multiple petitions.

Following this verdict, several intra-court appeals were lodged. Last week, the Supreme Court announced the formation of a six-member larger bench, led by Justice Sardar Tariq Masood, to oversee these appeals. The bench is scheduled to review these petitions today, on December 13.

On Tuesday, the civil society members moved a civil miscellaneous application in the apex court requesting the court to pass appropriate orders for the live broadcast and live streaming of the proceedings on the appeals.

“[This includes but is] not limited to referring this matter to the Committee under Section 2 of the Supreme Court (Practice and Procedure) Act, 2023 for appropriate orders. This court may refer this matter to the Honourable Chief Justice of Pakistan for appropriate orders on this application,” it said.

The petitioners contended that this is a matter of public importance, stating that the present case involves not only the fundamental principles of the rule of law and supremacy of the Constitution, but also enforcement of numerous fundamental rights.

“There is a critically important additional reason why the right to access to information as guaranteed under Article 19-A, Constitution, 1973, sought to be achieved through live streaming/live broadcast of these present proceedings is being sought through this present application

Read Military trials: Justice Masood to head SC bench

“The impugned order dated October 23 involved in this present proceedings has been subjected to severe and irrational criticisms by the sitting government as well as state officials and there is great interest and grave apprehension among the general public as to whether the principles of law, Constitution, and justice will be upheld in these present proceedings without favour or fear.

“It is critically important that in order to dispel any false or misplaced apprehensions—apprehensions which are the result of the irrationally emotive response from the present government and state officials against the impugned order—it is imperative that the utmost transparency through visibility should be the norm in these proceedings.

“In order to ensure such transparency through visibility in compliance with the fundamental right as guaranteed under Article 19-A, it is imperative and unavoidable that the present proceedings [are] broadcast live/livestream, so that the majesty of justice [is] affirmed in the full public glare,” it said.

After assuming the office of the chief justice of Pakistan, Justice Qazi Faez Isa had decided to live broadcast proceedings of a full-court hearing petitions against the Supreme Court (Practice and Procedure) Act, 2023.

Interestingly, PPP Chairman Bilawal Bhutto Zardari on Monday, December 11, also requested the apex court to live telecast proceedings of a larger bench hearing a presidential reference about former prime minister Zulfikar Ali Bhutto’s alleged “judicial murder”.