SC seeks report on misuse of special fund by govt

ISLAMABAD: The Supreme Court on Wednesday directed the Pakistan Electronic Media Regulatory Authority (Pemra) to ensure 10 percent time is allocated to public service messages by the private electronic media in the country.

A two-member bench of the apex court, comprising Justice Ejaz Afzal Khan and Justice Qazi Faez Isa, resumed the hearing of the matter relating to a report of the media commission, use of the public exchequer for political designs by the federal and provincial governments and the independence of Pemra.

The court observed that during the course of the hearing of the matter in hand,  the fact has been revealed that the electronic media is being controlled through the use of money, adding that the special publicity fund of the government is also being used for self publicity. The court directed the additional attorney general of Pakistan to submit a reply in this regard after getting instructions from the government.

Appearing on notice, Pemra Chairman  Absar Alam submitted that private television channels are bound to allocate 10 percent of their time to public service messages, and admitted that television channels were violating the rules in this regard. 

The court then directed the chairman to submit an implementation report on the time allocated for public service message through private television channels in a week. During the proceedings, Justice Ejaz Afzal Khan remarked that the electronic media seems to be a money-making machine which promotes only the owner’s point of view. 

Similarly, Justice Qazi Faez Isa observed that Pemra is supposed to implement its law without fear and favour being a regulatory body. The court observed that one of objective to issue licence to a private television channel means to educate the people and asked the  Pemra chairman to ensure implementation of the authority rules in letter and spirit.

At the outset of hearing, Asad Kharal, a petitioner, alleged that a media communication cell has been established under the chair of prime minister’s daughter Maryam Nawaz in the Prime Minister Secretariat with a huge burden of substantial amount of salaries for 38 persons on the national exchequer. He informed the court that the cell has issued advertisement of worth Rs9 billion to the print and electronic media for the self-projection of ruling party members.  

At this, the court directed the additional attorney general to submit reply in response to Kharal's petition in a month. Senior lawyer Barrister Aitzaz Ahsan pleaded the court to direct Pemra to allow dissimulation of advertisement relating to family planning to which Justice Ejaz Afzal Khan termed fast growing population one of the biggest challenges for the country. 

Justice Qazi Faez Isa remarked that televisions have been banned to disseminate advertisement of reproductive health which is against the mother and child-care norms.

 Pemra Chairman Absar Alam, however, submitted that Pemra can impose one million rupees fine on a television channel over violation of code of conduct, but at the same time he said his office was helpless to implement code of conduct in true sense because whenever the Pemra issues notice, television channel secures stay order against the Pemra notice from the High Court. He sought time to submit report in this regard on next date of hearing.

Appearing in the matter, Asma Jehangir alleged that from budgetary allocation for defence, a portion is being spent through Inter Service Public Relations (ISPR) for defaming the politicians and citizens of the country. She requested the court that the ISPR should also be monitored and sought the court permission to become party in the case. 

Meanwhile, the court allowed Asma Jehangir to become party in the case and directed the DAG to compile a report in response to miscellaneous appeals about allegation that government special fund was being used for self-projection in a month.

During the course of hearing, Ghulam Nabi Yousafzai, former President of the Press Association Supreme Court of Pakistan, also appeared on behalf of the Association and contended that media owners were using workers according to their agenda, but their job as well as health facilities were not secured.  

He submitted that their services could be terminated all of sudden, or they are transferred in the far flung cities from their home station, forcing them to leave the job. 

Yousafzai contended that media commission has ignored to consider 90 percent filed workers and requested the court to issue directives to the concerned authorities to ensure the journalists rights as well.

Meanwhile, the the court directed the additional attorney general to consult with the government to chalk out a strategy for ensuring the rights of journalists and submit a detailed report within a month and adjourned further hearing.