LAHORE: The Lahore High Court on Friday sought a reply from the Election Commission of Pakistan (ECP) on a ban imposed on conducting surveys and public polls by the electronic media in particular before the upcoming general elections.

Journalist Muneer Ahmad Bajwa filed a petition challenging a clause of the code of conduct issued by the ECP for the electronic media and a subsequent notification by the Pakistan Electronic Media Regulatory Authority (Pemra) putting a ban on pre-election surveys and polls.

At the outset of the hearing, the petitioner’s counsel argued that the ECP for the first time introduced clause 12 in its code of conduct for media issued under section 233 of the Election Act of 2017.

He said the Pemra announced an action against the television channels for airing survey based programmes in the electoral constituencies. He argued that the ECP imposed the impugned ban on the electronic, print, and digital media against the Constitution.

The counsel argued that clause 12 of the ECP code of conduct was contradictory to the fundamental rights of the citizens protected under articles 4, 19, and 19A of the Constitution.

Justice Ali Baqar Najafi observed that apparently the impugned notification issued by the ECP was pertained to the polling day only.

The judge remarked that running pre-poll surveys based on the public opinion by the media were a worldwide practice.

The judge said the ban imposed by the ECP was beyond comprehension.

Justice Najafi summoned the legal advisor of the ECP and resumed hearing after Friday prayer break.

However, a federal law officer told the judge that the ECP lawyer was busy before the appellate tribunals in connection with the appeals against the decision of the returning officers.

At this, the judge adjourned the hearing till Jan 9 and directed the ECP to submit a written reply to the petition.

Published in Dawn, January 6th, 2024