LHC has placed no ban on Nawaz, clarifies SC

The top court on Tuesday noted that Lahore High Court order was manoeuvred and the news aired on all the TV channels and published in the newspapers was fake and fictitious.
"We took suo motu notice in this matter on account of media reports and panel discussions on various media channels based on an order dated 16.04.2018 passed by a full bench of the Lahore High Court, Lahore. A false impression was intentionally sought to be created amongst the general public by such news reports as well as panel discussions that Muhammad Nawaz Sharif (ex-Prime Minister of Pakistan) and his daughter Maryam Safdar had been directed to be taken off air and Pakistan Electronic Media Regulatory Authority (Pemra) had been directed to stop broadcasting of speeches made by the said persons. Further, it was categorically stated that the High Court had banned airing of anti-judiciary speeches by a large number of persons including Muhammad Nawaz Sharif and Maryam Safdar."
"A false impression was also sought to be created that the fundamental right to freedom of speech enjoyed by all citizens and guaranteed by the Constitution has been curtailed, restricted or diminished through the said order," said the apex court order.
A three-judge bench, headed by Chief Justice of Pakistan Mian Saqib Nisar clarified that the Lahore High Court (LHC) did not ban or stop former Prime Minister Nawaz Sharif, his daughter and the leaders of Pakistan Muslim League-Nawaz (PML-N) from making speeches.
The Chief Justice said in view of the Articles 19 and 68 of Constitution how anyone could be banned from making speeches. The CJP questioned how they could stop someone from the positive criticism. These are fake news reports, he said, adding, "Hats off to the Lahore High Court for passing a very good order."
Justice Ijaz said these are clearly fake news reports, totally twisted, and classical maneuvering. He said Pemra has become toothless and orphan, and inquired from the acting chairman Pemra what action he has taken against broadcast of fake news.
Acting Chairman Pemra Ashfaq Jamani informed the court that after compiling monitoring reports, they would issue notices to channels. The court remarked that Pemra's paralysis and inaction are pathetic. Justice Azmat said somebody has deliberately maneuvered as the news report in all the newspapers and the channels was the same.
He inquired from acting chairman, "What have you done so far and why the matter lingering out for years has been resolved?" The chairman said that he is executive director, but is also looking after the affairs of chairman. He further said that he had issued notices to the people who allegedly criticized the judiciary. The Chief Justice inquired from him if he only issues the notices. The acting chairman did not reply.
The Chief Justice said the applications were filed before PEMRA in 2017 and since then they have been pending. He inquired what mechanism is adopted for the redressal of the complaints. For one year the PEMRA did nothing and the Lahore High Court passed the order on petitions. The Chief Justice then inquired from Attorney General for Pakistan Ashtar Ausaf, "Do you think that anti-judiciary or hate speeches should be allowed?" He replied, "Not at all."
Taking suo motu of the misreporting of LHC judgment, the bench had summoned Nawaz Sharif and Maryam Nawaz to appear before the court in person or through their counsel. However, no one represented them. The court also reprimanded Pemra's counsel Salman Akram Raja for representing Pemra and ex-PM Nawaz Sharif in Panama Leaks and the PML-N leaders in Election Act 2017 case before the Supreme Court. There is a conflict of interest, he said and added: "We might suspend your [Salman] license."
Wrapping up the suo motu proceedings in the matter, the court directed Pemra to take action in 15 days on the complaints pending before it, as directed by the LHC. After the announcement of LHC order on April 16, all TV channels and the newspapers carried the news that LHC bench headed by Justice Syed Mazahar Ali Akbar Naqvi has banned the channels and newspapers for airing or publishing 'anti-judiciary speeches' of Nawaz Sharif, Maryam Nawaz and other PML-N leaders.
The LHC had also directed Pemra to decide within 15 days the complaints over the alleged contemptuous speeches of PML-N leaders.