SC judge continue hearing Geo TV petition

Justice Khawaja also observed that petitions against Geo TV network should also be fixed for hearing.

ISLAMABAD: A Supreme Court judge has refused to recuse himself from the bench hearing a Geo network petition for immediate intervention to halt an alleged ‘hate campaign’ against the channel.

During Thursday’s hearing by a three-member bench of the apex court, Justice Jawwad S Khawaja took notice of a programme aired on a private TV channel in which objections were raised over his relationship with Mir Shakilur Rehman – Geo network’s owner.

“Although Mir Shakilur Rehman happens to be my brother’s brother-in-law, I do not recall the last time we met,” Justice Khawaja said.

“It may have been 20 years ago, 16 years ago or perhaps at some shadi or ghami which I do not recall at present,” he added. He said that it was clear that he did not carry any biases because Shakilur Rehman was a relative.

“I do not find any reason whatsoever not to sit on this bench,” said Justice Khawaja. “It is always for the judge himself to make a determination as to whether or not his relationship with any other person is such that he should not hear a particular case in which such person is a party,” stated an order of the three-member apex bench which was issued after Thursday’s hearing.

Justice Khawaja said that everyone should know that the apex court would not allow anyone to disrespect the judiciary.

He also observed that petitions against Geo TV network should also be fixed for hearing. However, Justice Khawaja noted that it was the purview of the chief justice to fix dates for hearing petitions.

At the outset of proceedings, Justice Khawaja directed the deputy attorney general to get instructions from the federation and Pakistan Electronic Media Regulatory Authority (Pemra) on whether they had any objections over him hearing the case.

During Thursday’s hearing, Attorney General Salman Aslam Butt stated that the federation had no objection over the bench presided over by Justice Khawaja.

However, ARY’s Islamabad bureau chief, Sabir Shakir, stated that anchorperson Mubashir Lucman had sent him to the hearing to inform the bench that he (Lucman) would like to engage a counsel in this case.

Instead of giving Lucman anytime, the bench directed the registrar’s office to obtain the video clip of the programme which was aired on May 21.

When hearing was resumed, clips of the programme were replayed in the courtroom through multimedia. The bench quizzed Pemra’s senior law officer Zahid Malik over whether the regulatory body had taken action over this programme. The official replied that they are still examining the contents of the alleged talk show.

In its order, the bench stated, “We, however, do not intend to embark on any such inquiry as this will be a matter within the competence and jurisdiction of Pemra. It is for Pemra to ensure that the constitutional provisions set out in Articles 19 and 19A of the Constitution are strictly adhered to. These provisions have also been incorporated in the Pemra Ordinance and the rules framed by Pemra thereunder and also in the provisions of the licences which are issued by Pemra to various channels”

“This statement has been made by a gentleman named Aqeel Karim Dhedi aged 56 years. It is quite obvious that he is totally unaware of the nature of the office of a judge and of the rules which have been laid down to ensure transparency and impartiality of benches hearing cases,” the order says. The hearing of the case is adjourned till today (Friday).

SHC issues notices

Separately, the Sindh High Court (SHC) has issued notices to the secretaries of the cabinet division and the ministry of information and broadcasting to assist the court in deciding the maintainability of a constitutional petition seeking direction for Pemra to take action against Geo TV’s campaign aimed at maligning a national institution. The notices were issued for May 29 on Tuesday.

Judgment reserved

In Peshawar, a sessions court reserved its judgment on the application of Pakistan Tehreek-e-Insaf member seeking to register an FIR against Geo TV, Veena Malik, Asad Khattak and Shaista Lodhi for broadcasting a controversial programme.

The petitioner’s counsel, Syed Sikandar Hayat Shah, told the court that the Geo TV aired a controversial programme Uttho Jago Pakistan a few days ago that hurt the sentiments of many people in the country.

The station house officer of East Cantt Kamal Hussain said that the office of the said television does not fall in the jurisdiction of his police station and it is a national issue. The court after hearing the arguments from both sides reserved judgment on the registration of an FIR against the respondents.

Published in The Express Tribune, May 23^rd, 2014.