IHC suspends ban on Imran’s live speeches till Sept 5

ISLAMABAD: The Islamabad High Court (IHC) suspended the Pakistan Electronic Media Regulatory Authority’s (Pemra) recent notification which prohibited television channels from airing PTI Chairman Imran Khan’s live speeches.

IHC Chief Justice Athar Minallah suspended the notification till September 5 and observed that the regulatory authority “does not have the authority” to issue such orders. Barrister Ali Zafar represented Imran Khan at the hearing, which was headed by the IHC CJ. PTI lawyer argued that Imran Khan wanted to do a live telethon later today to raise funds for flood victims.

After hearing the arguments, the IHC chief justice suspended the notification and issued notices to the regulatory authority and Attorney-General for Pakistan Ashtar Ausaf Ali. The Pemra ban came into place on August 21 after the PTI chairman threatened state institutions and government officials with serious consequences.

Pemra’s notification said that Imran Khan’s addresses are in open violation of the regulator’s rules and Article 19 of the Constitution of Pakistan. According to the regulator, the ban has been put in place under Section 27 of the Pemra Ordinance 2002. The Pemra notification cited Khan’s speech at the F-9 Park, Islamabad as the reason behind the ban.

Apart from the ban, Imran Khan is also facing contempt of court proceedings for threatening Additional District and Sessions Judge Zeba Chaudhry during the same speech. The IHC constituted a five-member larger bench to hear the contempt of court case against the former prime minister and issued a notice to him to appear before the court on August 31.

During Monday’s hearing, the IHC chief justice mentioned that Pemra “cannot ban speeches based on objectionable comments” and if someone is seeking action, contempt of court proceedings are already underway. The judge also mentioned whatever was happening in the case of PTI leader Shahbaz Gill was not right and that torture could not be accepted in any form.

“When the executive is in power, they forget that in police stations, people get tortured,” the IHC chief justice mentioned. But Justice Minallah also said that the “biggest torture” in the country is the missing person issue — and he has time and again put blame on the governments in this regard.

He told Khan’s counsel that the PTI “spoiled” its own case of torture regarding Gill when the former prime minister delivered the hard-hitting speech. He said that torture is unforgiveable but threatening the female judge is something even more unpardonable.

News Desk adds: IHC Chief Justice Athar Minallah, while hearing the ex-prime minister and Pakistan Tehreek-e-Insaf (PTI) chief’s plea challenging the ban, observed that prima facie it appears that Pemra exceeded its authority.

The court then directed to read Pemra’s notification according to which Imran had threatened the IG, DIG and Additional District and Sessions Judge Zeba Chaudhry. After the notification was read out the court observed, “Do you justify Imran Khan’s speech. Freedom of expression is protected by the court but some things fall outside of it.”

Questioning the PTI’s accusations of torture on PTI leader Shahbaz Gill, Justice Minallah said, “How many cases of torture that came up during the last three years – during the PTI’s government - were sent to the cabinet. Don’t you think torture has been going on since the past three years? A journalist was picked up from Lahore and severely tortured, can the subordinate judiciary be threatened in this way?”

The IHC CJ said that “the current government which had been affected in the past three years is itself doing the same thing”. Speaking of the ‘warning’ issued to Sessions Judge Zeba Chaudhry by Imran, Justice Minallah said, “Considering the current situation of our society, it is not easy for a woman to work.” He asked the PTI’s counsel whether he could justify the words used by a leader of this stature.

“A leader has a huge responsibility because he has a large following. We have always shown restraint, but there should be a red line somewhere,” the IHC CJ said. Justice Minallah decried the language used against a judge and said it was unexpected. “The biggest loss in all of this is of the person whose case is going on,” said the chief justice.

Responding to the IHC CJ, the PTI lawyer said, “We completely agree with you that this should not have happened.” To this, the IHC chief justice said, “Which executive has addressed the issue of torture? This court has passed orders in the last three years that the police should implement the order, but you ruined the entire debate,” Justice Minallah observed, adding that a petition regarding the matter of torture should have been brought in court. “There was a procedure present to deal with the allegations of torture,” he stated.

If you have an objection, you can challenge the decision, Chief Justice Athar Minallah said. Such a statement cannot be expected from a leader, said Chief Justice Athar Minallah. A trend against him and a photograph with a fellow judge were run, Chief Justice Athar Minallah said.

“Can judges be threatened like that,” Chief Justice Athar Minallah questioned. The way human rights were violated and atrocities committed in three years, IHC chief justice said. “I am saying with heavy heart that threats to judiciary were not expected. It’s sad the present government is doing same that happened in last three years,” remarked IHC CJ.

He said, “A female judge was threatened and you said you won’t spare, it’s actually a message for followers to do the same. He observed, “Had it been said about him, he would not have bothered.” Subordinate judiciary is very important because it deals with the common man, Chief Justice Athar Minallah said and added that judges of lower courts work round the clock.