IHC grills govt over exclusive right to determine ‘defence analysts’

ISLAMABAD: The Islamabad High Court (IHC) has sought the original noting file on the basis of which the Pakistan Electronic Media Regulatory Authority (Pemra) issued notification requiring that only retired armed forces officers be invited as defence analysts for discussion.

A single bench of Justice Babar Sattar issued the directions, while hearing a petition filed by Col Inam-ul-Rahiem (retired) advocate through his counsel Waheed Akhtar advocate.

The IHC bench also asked about the legal standing of the Inter-Services Public Relations (ISPR), and it also asked that how is the ISPR assuming the exclusive right to determine who can be a defence analyst in Pakistan.

During the hearing, the counsel informed that he has impugned a notification dated 04.04.2019, which required that only retired armed forces officers be invited as defence analysts for discussion on defence matters, after seeking prior clearance from the ISPR.

He also stated that Pemra is vested with no jurisdiction to determine who can speak on what subject while appearing on a television channel.

The petitioner further said there is no legal basis to vest ISPR with the authority to issue a clearance in the form of a No Objection Certificate before a civilian can appear on a television channel and be regarded as an expert on military or defence matters.

He continued that previously he had filed a complaint with Pemra that General Pervez Musharraf, who at the time was a proclaimed offender, was allowed to appear on TV channels and disseminate his views, which complaint was rejected on the basis that Article 19 of the Constitution guarantees the right to freedom of speech as an expression, which cannot be curtailed even in the case of a proclaimed offender.

Rahiem contended that the impugned notification is in conflict with the decision of Pemra in the said matter.

The counsel for Pemra has relied on the response filed by Pemra. When the bench asked as to what is the statutory power vested in Pemra to regulate the content of discussions and issue directives for pre-clearance of individuals who express views on television channels, the counsel for Pemra pointed to Section 20A of the Pemra Ordinance, 2002, which speaks of the obligation of licensees to uphold the sovereignty, integrity and security of Pakistan.

When asked as to what does pre-clearance of individuals providing content on TV have to do with sovereignty or security of Pakistan and how can Pemra impose a prior restraint on speech, the counsel for Pemra sought further time to assist the Court.

When asked as to why Pemra felt the need to issue the impugned circular and whether any request for such purpose had been received from any sources within the Pakistan Armed Forces or by ISPR, the counsel for Pemra once again sought further time to assist the Court.

The Court written order stated; “Let Pemra produce before the Court the original noting file on the basis of which the impugned notification was processed, recommended and issued to assist the Court as to why Pemra felt the need to issue the said notification.”

The case is adjourned until November 20.

Copyright Business Recorder, 2024