KARACHI, July 16: The Pakistan Electronic Media Regulatory Authority has sought dismissal of a petition against its new legal framework but a division bench of the Sindh High Court decided to hear detailed arguments on July 25.
The bench, comprising Chief Justice Sabihuddin Ahmed and Justice Nadeem Azhar, also rejected Pemra counsel Kashif Hanif’s plea for a longer adjournment on account of non-availability of the attorney-general, who had been issued a notice in the petition. It said according to record, a notice had been served on the AG and it was for him to appear and argue.
The authority said in its comments that the petitioners, Sindh Bar Council members Salahuddin Gandapur and Mohammad Aqil, were not aggrieved persons in contemplation of Article 199 of the Constitution. The impugned ordinance (the Pemra Amendment Ordinance) of June 4 had not been enforced because the Pakistan Broadcasters Association, who could claim to have been aggrieved, was coming up with a voluntary code of conduct and the petition had become infructuous.
The ordinance was meant only to correct a few definitions and facilitate better regulation and the petitioners had failed to specify any provision of Article 19, which guaranteed the freedom of expression. The authority also took exception to the strong criticism of the reference against Chief Justice Iftikhar Mohammad Chaudhry, a matter sub judice before the Supreme Court.
The petitioners’ counsel, Mustafa Lakhani, contested the contentions and argued that any citizens could agitate curbs on freedom of information or expression as Article 19 guaranteed his right to know. The impugned provisions were being enforced and the television channels had been barred from spot coverage of the CJ’s visits and speeches. The grievance would remain alive as long as the ordinance was not withdrawn.
Two identical petitions moved by the People’s Lawyers Forum, represented by Advocate Adnan Karim, and Iqbal Kazmi, who was brought from prison, were also adjourned to July 25.
