ISLAMABAD: A divisional bench of Islamabad High Court (IHC) Thursday reserved its judgment on an appeal of Pakistan Broadcasters Association (PBA) challenging ban over ‘lottery shows’ on TV channels during holy month of Ramadan.
Justice Aamer Farooq and Justice Mohsin Akhter Kiyani of IHC heard the case filed by PBA against the judgment of single member bench regarding the Ramadan transmissions.
During the course of proceeding, Justice Aamer Farooq remarked that if the Pakistan Electronic Media Regulatory Authority (PEMRA) had done its duty as the regulator then this matter should not have come to court. The bench would see that what kind of order it could give keeping in view the single member bench order, he observed.
He stated “The foreign dramas could be very entertaining for public but we have to see our traditions as an Islamic country.”
Justice Farooq asked PEMRA’s counsel about the authority's policy regarding transmission of foreign, particularly Indian programs.
Earlier, the counsel for PBA Barrister Ali Zafar contended that PEMRA had imposed ban over ‘lottery and entertainment TV shows’ illegally. He stated that PEMRA laws did not impose ban on entertainment programs.
He argued that imposing ban over TV shows was not the mandate of court and requested the bench to declare the single member bench verdict regarding Ramadan transmissions as null and void.
Zafar said that freedom of expression was the basic right.
The single member bench in its short order had directed TV channels to telecast ‘Azaan’ five times a day during Ramadan. The court had also imposed ban on foreign programs, lottery and entertainment shows, he said.
He stated that all the TV channels themselves sensor dramas and advertisements.
He said all code of conduct regarding TV shows were existent in PEMRA law, which was authorized to take action on violations. The single member bench’s decision was contradicting with law as it was issued without mentioning reasons, he added.
The TV channels would face huge financial losses if the ban was not lifted, he said.
Justice Farooq asked whether the PEMRA authorized to prepare code of conduct for TV channels. Is there any legal bounding regarding the qualification of religious scholars on TV channels programs, he asked.
Counsel for PEMRA submitted that the department had already shared code of conduct with TV channels prior to the start of holy month.
He stated that every channel could transmit 10 percent foreign programs of its total time. He said that there was no restriction regarding the qualification of scholars at TV shows.
After hearing the arguments from both sides at large, the bench reserved its judgment in the case.
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