SC bans channel programme termed by Pemra hate-based

Hearing adjourned till Feb 8

ISLAMABAD: The Supreme Court Monday warned of initiating contempt proceedings against a private TV channel management if its anchor Aamir Liaquat’s programme was aired until further orders.

The private TV channel's Executive Officer Usman Shahid gave an undertaking that the channel will not air and or repeat the programme until further orders. The court ruled that violation of undertaking will expose the officials of the channel and the anchor to contempt proceedings and adjourned the hearing to Feb 8.

A three-member bench of the apex court, headed by Justice Amir Hani Muslim and comprising Justice Mushir Alam and Justice Mazhar Alam Khan Miankhel, heard the appeal filed by the chairman Pemra against the stay order granted by the Sindh High Court on January 28.

Pemra, through an order issued on January 27, 2017, had taken exception to the channel's programme over its “controversial and hate-based contents” and barred the anchor from appearing on any TV screen.  But the channel defied Pemra’s directives in its night transmission, giving the host an opportunity to defend himself.

During the course of hearing on January 31, counsel for Pemra submitted that the Regulator had received over 100 applications about the hate-based contents by the anchor adding that the channel violated the order passed by the Regulator.

Appearing on notice, the channel official submitted before the court Monday that they had engaged Anwar Mansoor Khan as a counsel and KA Wahab as Advocate-on-Record (AOR). He however sought an adjournment saying that Anwar Mansoor Khan was not well while KA Wahab had authorised Ahmed Nawaz Khan AOR to appear on his behalf.

Interestingly, Ahmed Nawaz Khan who was present in the courtroom and has hearing problem told the court that he was not aware of the issue in hand and was just asked to appear and request for adjournment.

The court however questioned that under what law the AOR could appear on behalf of any counsel.  “There is no plausible section available for non-appearance of a lawyer,” Justice Hani remarked.

Similarly, when Justice Ameer Hani Muslim asked the channel official whether a hate speech was made by the anchor in his programme, he replied in the negative. At this, Justice Ameer Hani Muslim while addressing him said the court was not bound to wait for their counsel.

“You are misusing it,” Justice Hani told him adding that until that situation the court stays their program. The channel official assured that Anwar Mansoor Khan will appear before the court on February 8. 

The court then made it clear that if Anwar Mansoor Khan failed to appear alternative arrangements should be made by the respondent and no adjournment would be granted to either side.

Additional Attorney General Rana Waqar submitted that they will abide by the law but informed the court that the office of Attorney General had not received the court notice. The court however told the law officer that they had already issued a notice to the Ministry of Information and Broadcasting.