LHC directs Pemra to not allow malicious programs against judiciary
Justice Nasir Saeed Sheikh of the LHC passed this order while hearing a writ petition seeking action against parliamentarians who make ‘malicious’ statements against the judges and the judiciary.
The judge also directed the federal government, Information Ministry and Pemra to submit their replies and to ensure the presence of responsible officers during the next hearing. The judge further directed the attorney general to assist the court on the matter.
The hearing was adjourned till November 5.
During the hearing, Justice Sheikh also remarked that Article 68 of the Constitution had restrained even the parliament to hold debate about judges of superior courts.
As the judge started hearing the petition, petitioner’s counsel Advocate Azhar Siddiqui argued that many politicians and parliamentarians had been indulging in malicious campaign against the Chief Justice of Pakistan and other judges of the judiciary.
He said that all news channels and newspapers have been airing and publishing press conferences of these parliamentarians without verifying their allegations.
The counsel said that political giants of the ruling party including Senator Faisal Raza Abidi, Provincial Minister Sindh Sharjeel Memon, MPAs Shaukat Basra and Raja Riaz and others attempted to scandalise the judges and judiciary as an institution during their recent media statements and television talk shows. He said that they stood disqualified under Article 63(1g) and 62(1f) because they had ridiculed the judges and judiciary in various TV programs.
He added that cases under Section 499 of the Pakistan Penal Code (PCC) should be registered against any person who, instead of following the prescribed mechanism laid down in the Constitution, defames judges.
He said that the respondents acted not only in mala fides but with an intention to violate the statutory and constitutional provisions.
The counsel argued that the mechanism for holding the judiciary accountable and for their removal from the office has been clearly laid down in the Constitution.
Therefore, suspending or forcibly removing or compelling judges to resign through a coordinated and planned media campaign was unconstitutional, illegal and an attempt to ruin the institution of judiciary, he added.
He said that the Supreme Court in its judgment on the Contempt of Court Law 2012 had ruled that the parliament could not discuss conduct of the judges.
The counsel requested that Pemra be ordered to issue a written direction to all TV channels 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.
He asked the court to order the Pemra to suspend the license of any national news channel that showed any such interview or press conference containing defamatory statements or allegations against the judges.
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@T Khan: Long Live SC & a brave & honest CJ of Pakistan! Well your 'thourough' & 'deep' analytical abilities describe the pathetic thought process you 'acquired' perfectly 'mean-fying' as your name! T-Khan, you better be back to ur straw-made T-stall & make T-ready 4 me! I'll give you a Rs. 5 tip as well.
In a related news, Taliban have also warned media houses not aid anything against them. The two should have issued a joined statement together.