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ISLAMABAD: The Islamabad High Court (IHC) Chief Justice Athar Minallah has asserted that no relief can be granted to an absconder while hearing a petition challenging the ban on speeches, interviews, and public addresses by proclaimed offenders.
Human Rights Commission of Pakistan (HRCP) and 15 renowned journalists filed a petition against the Pakistan Electronic Media Regulatory Authority’s (PEMRA) order barring the broadcast and repeat broadcast of speeches by proclaimed offenders and absconders.
PEMRA had also barred the broadcast of any sort of debate on the possible outcomes of sub judice matters. The order came after PML-N supremo Nawaz Sharif’s speech, at a multi-parties conference, was broadcast live by the electronic media in October.
During the hearing today (Thursday), Justice Minallah observed that if the court threw out PEMRA’s order, all absconders will get the right to go on air. He asked the petitioners’ counsel, Salman Akram Raja, “Who are you asking relief for?”
“[Which person] has PEMRA banned?” inquired Justice Minallah. “Pemra has not passed an order against any person,” responded Raja. The court remarked that two people have been affected by PEMRA’s order and noted that the affected parties were not present.
In this regard, the petitioners’ counsel said that since Pemra’s order is issued for media persons and journalists, they were the affected parties. Raja argued that the order had affected thousands of people, not just two.
The petitioners’ counsel further said that the ban had affected the citizens’ right to information which had been granted by the Constitution, adding that Article 19 (A) gave the right to freedom of expression.
Justice Minallah said Pemra’s order had stopped channels from airing speeches of proclaimed offenders and remarked that absconding suspects are discussed on the media daily.
The court further said a proclaimed offender cannot even challenge an illegal order. “The absconding suspects should first surrender themselves before the court and then take advantage of their legal rights,” he added.
“Your appeal would grant relief to all absconding suspects which the court does not want to give,” the judge added and told the counsel to prepare arguments to convince the court. The case was adjourned until December 16.