KARACHI, March 6: The Pakistan Herald Publications Limited has challenged in the Sindh High Court the withholding of advertisements by the federal government from Dawn.

A writ petition moved by the publisher through Advocate Muneer A. Malik says that Dawn is a ‘Metropolitan A’ newspaper falling within the highest circulation bracket. The circulation figures are verifiable by the government’s own Audit Bureau of Circulation.

The daily is widely read for the quality and objectivity of its news coverage, comments and features. It is not aligned to

any political party, which is one reason why the public looks up to it for credible news and objective analysis.

Its editorial team operates independently of its management and ownership. A newspaper, however, is a product sold below the cost of its production and makes up for the loss through revenues earned from advertisements.

The federal government, says the petition, is a major source of advertisements, usually public notices and awareness campaigns placed by the federal ministries and divisions and institutions working under the government.

Publication of such advertisements is mandated by law and they are distributed among newspapers on the basis of rational criteria including circulation, readership, language and the target population. In conformity with the criteria, the release of advertisements to Dawn remained normal till November 2006.

Following publication of news reports dealing with the situation in Balochistan, however, several influential functionaries of the respondent government warned the petitioner publishing concern that all advertisements to Dawn would be ‘stopped’.

In the latter part of December 2006, the flow of advertisements was actually curtailed by the respondent government. To mask the policy of punishing the petitioner though, advertisements were placed occasionally. In fact, a partial ban on advertisements to Dawn was imposed in violation of the fundamental right of freedom of Press guaranteed by Article 19 of the Constitution.

Instructions were conveyed to various departments that adverts specifically intended for Dawn by the originator be diverted to other newspapers. (Copies of cancellation of orders by advertising agencies ‘due to ban on release of advertisements to Dawn by the Press Information Department’, including a January 10 Orient Advertising letter cancelling a PSO advertisement, have been annexed to the petition).

The petition says the government being repository of public power is required to act justly and fairly while releasing advertisements to the print media. It cannot act on its whims and prejudices and in an arbitrary manner. No reason has been communicated to the petitioner for the sudden fall in the number of government advertisements published by the daily for decades.

Placement of advertisements is not a largesse the government can bestow on whomsoever it desires for whatever reason. It is a sovereign function to be discharged in accordance with a rational policy and without any discrimination. The withholding of advertisements will compel the petitioner to raise the price of the newspaper and risk a decline in circulation.

It has already deprived the Dawn readers of valuable information in respect of job vacancies, tenders and bids, etc.

The government action, the petition states, is repugnant not only to Article 19 but also to Article 25, which bars discrimination. It prays to the court to declare the action illegal and unconstitutional and direct the government to release advertisements to the newspaper in accordance with the established policy and practice.