ISLAMABAD: The Islamabad High Court (IHC) on Monday dismissed a petition seeking a ban on the airing of speeches made by Pakistan Muslim League (PML-N) supreme leader Nawaz Sharif and the party’s president Shahbaz Sharif. The court warned the petitioner against dragging the judiciary into political disputes.

IHC Chief Justice Athar Minallah observed that political disputes should be resolved in parliament, and not in courts.

The petitioner had sought the court’s directives for the authorities concerned to “refrain from airing/broadcasting in electronic media and social media any speech which is against the national integrity, security and sovereignty of the country or against national institutions, including judiciary, honourable judges of the superior judiciary and the judicial system”.

The counsel for the petitioner argued that Nawaz Sharif had been convicted by a court and declared an absconder. The petition alleged that Shahbaz Sharif, Leader of the Opposition in the National Assembly, was facilitating Nawaz Sharif in maligning state institutions and bringing them into disrepute.

The counsel conceded the Pakistan Electronic Media Regulatory Authority (Pemra) had already restrained broadcasters from giving airtime to those declared “absconder” by a court.

PBC asks PML-N to challenge Pemra prohibition before superior courts

The counsel was also unable to specify which fundamental right of the petitioner had been violated, the court observed. The counsel merely said the petitioner was concerned because the country’s security was under threat.

The court noted that “the security of Pakistan is not frail nor can it be threatened by mere political rhetoric”.

“The people of Pakistan, through their chosen representatives, have the will and resolve to safeguard the security of Pakistan.

“National security is surely not dependent on the issuance of a writ by this court,” the order said.

The court observed that it was a settled law that in order to seek a writ of mandamus certain pre-requisites were to be followed before invoking the jurisdiction of a high court under Article 199 of the Constitution.

“The demand of the person asserting the right must have been refused. In this case the petitioner has not fulfilled the prerequisites nor could he show that a legal right exists in his person to seek a writ of mandamus.

“The tendency of invoking the constitutional jurisdiction of a high court in matters involving political content is certainly not in public interest and that too when the law provides for alternative remedies.

“Courts ought to exercise restraint because of the consequences. It unnecessarily involves a court in controversial matters which otherwise can be agitated before other appropriate forums.

“Politically motivated petitions inevitably make the administration of justice controversial because politics inherently is adversarial in nature,” the court observed.

“For the above reasons, this petition is not maintainable and, therefore, accordingly dismissed,” the order said.

Bar council’s suggestion

Abid Saqi, vice chairman of the Pakistan Bar Council (PBC), meanwhile, suggested to political parties, especially the PML-N, to consider challenging before the superior courts the Oct 1 Pakistan Electronic Media Regulatory Authority (Pemra) prohibition on the airing of speeches by an absconder or a proclaimed offender.

Mr Saqi held out an assurance the PBC would extend legal assistance and support to any political party if it challenged the Pemra advisory.

Abid Saqi was of the view that it would not be advisable for the PBC to file a petition to challenge the Pemra order in a court since it would give an impression that the highest body of lawyers had become a party in the government-opposition tussle.

Mr Saqi felt that the Pemra’s Oct 1 order was in conflict with its decision of March 15 last year on an application filed by Inam-ur-Rahiem, a retired colonel.

Col Rahiem explained to Dawn on Monday that he had approached Pemra to seek a ban on the airing of speeches made by Pakistan Awami Tehreek (PAT) chief Dr Tahirul Qadri and former president retired Gen Pervez Musharraf as they were “proclaimed offenders in cases of terrorism”, but Pemra refused to proceed against them.

“Unfortunately, there are two Pakistans — one for politicians and one for military dictators who abrogated the Constitution and after presenting fake medical certificates deserted the country,” Col Rahiem alleged. He said the time had come that everyone should be treated equally before the law.

Published in Dawn, October 6th, 2020