Altaf’s media blackout: SC asks MQM to approach Lahore High Court

Says freedom of expression does mean liberty to say anything against state institutions

ISLAMABAD: The Supreme Court has asked MQM chief Altaf Hussain to approach the Lahore High Court for interpretation of its September 7 order on media blackout of his speeches. A two-judge bench – headed by Justice Ejaz Afzal Khan, disposed of a petition of the MQM on Tuesday, asking the party to pursue the case in the LHC. 

The LHC full bench on September 7 banned the live broadcast of speeches and images of Altaf Hussain. It also directed the Pakistan Electronic Media Regulatory Authority (Pemra) and Additional Attorney General (AAG) Waqar Rana to ensure the ban was implemented.

Later, Asma Jahangir, along with three senior lawyers, filed an appeal in the SC on behalf of MQM leaders Altaf Hussain and Farooq Sattar. The petition said that the ban on Altaf’s media coverage was against the fundamental rights guaranteed in the Constitution.

They requested the apex court to suspend the LHC order, which, they argued, was passed without first deciding the question of maintainability of the writ petition. The petitioner questioned whether the LHC could pass an injunctive order against the MQM and gag the media without any prior notice and without hearing arguments to the bona fide of the petitioners.

“Can the court pass directions to Pemra without giving Pemra an opportunity to receive and hear the complaint of the petitioners?” the petition asked, adding that the LHC passed the order without any notice to the petitioner, his leaders or party colleagues.

The LHC order said there was sufficient material available on the record to issue direction to the Pemra chairman to black out the activities of Altaf Hussain, including hate speeches, any news regarding his activities, as well as display of his picture on electronic media.

During Tuesday’s hearing, the bench questioned if the LHC order was interim. The AAG said it was wrong to assume that the order was for 15 days.

He said an SHC order to put General (retd) Pervez Musharraf’s name on the Exit Control List (ECL) due to his treason trial was an interim order but the Supreme Court had upheld it and it became permanent. “The matter regarding ban on Altaf’s speeches is still pending with the LHC,” he added.

The other member of the bench, Justice Qazi Faez Isa, asked whether the federation was opposing the MQM’s application to end the ban on Altaf speeches. The AAG did not reply.

Advocate Azhar Siddique, representing the two lawyers who had filed the petition against Altaf in the LHC, informed the bench that the MQM had already filed an application before the LHC for vacating the September 7 order.

Lawyers Abdullah Malik and Aftab Virk had filed petitions in the LHC seeking a lifetime ban on live broadcast of Altaf’s speeches. They said Altaf and MQM’s Rabita Committee members had been delivering speeches against the state and the Pakistan Army, and asked the court to order the government to try Altaf under Article 6 of the Constitution.

Justice Qazi said freedom of expression did not mean that people start saying anything against the state institutions. Asma Jahangir, representing the MQM, said: “We are not stopping anyone from banning hate speeches, but the media has also blacked out Altaf’s other activities.”

Later, the bench disposed of the matter saying that the LHC order was interim and the applicant might again pursue his case in the high court for the interpretation of the interim order.

Published in The Express Tribune, November 4^th, 2015.