SHC restores ban on private channel programme

Hate speech

Orders channel to approach Pemra

KARACHI: The Sindh High Court on Friday vacated its interim order regarding suspension of Pakistan Electronic Media Regulatory Authority’s ban on a private TV anchor Amir Liaquat Hussain's program and ordered that Pemra’s order shall remain in field as per the directives of the Supreme Court. 

The SHC direction came on the application of Pemra seeking vacation of the stay order granted by the court. Pemra's counsel Zahid F Ibrahim and Kashif Hanif submitted in the application that Pemra received hundreds of complaints against the petitioner anchorperson on his show for virulent hate speech and after examination and monitoring of the contents of the said show, it was found that during the period of January 2 to 24, the anchorperson had repeatedly made statements which was tantamount to hate speech, derogatory remarks, incitement to violence against citizens and casting accusations of being anti-state and anti-Islam on various individuals.

They submitted that in view of such statements, the programme was banned by the authority, which was subsequently challenged by the channel and SHC’s single bench issued a restraining order against the Pemra's order.

They submitted that Pemra had challenged the SHC’s single bench order and the Supreme Court on February 8 had disposed of the application of Pemra against the SHC order and held that the order of Pemra regarding the ban on the program shall hold in field and the channel may file its reply before the authority. They submitted that likewise the channel was also directed to file a reply to the show cause notice issued by Pemra on January 27 for which the authority shall pass an order after the hearing. They submitted that the Supreme Court also held that if either of the parties feels aggrieved by any of the orders passed by the authority, it may, if so advised, prefer appeal in terms of the ordinance. They said that council of complaints was the relevant forum after which the aggrieved party could assail the orders in high court and Supreme Court.

They submitted that the channel counsel filed a petition in the SHC without disclosing the terms of the Supreme Court and sought suspension of the Pemra order on January 26 though the petitioner was duty bound to place the order of the Supreme Court but it failed to do so, adding that even the ground of shutting the transmission of the channel was entirely misconceived as there was no question of the same under the Supreme Court’s order.

They submitted that the channel has not filed any reply to the order of Pemra what to say of filing of any appeal under the Pemra Ordinance. They requested the court to vacate the interim order as the petitioner has no prima facie case nor the balance of convenience in its favour. They further submitted that lives of many citizens are under threat due to hate speech broadcast by the petitioner as the TV channel administration did not come to the court with clean hands and deserved severe reprimand.

The SHC’s division bench, headed by Chief Justice Sajjad Ali Shah, issued notices to the channel and deputy attorney general for February 22 as it was already fixed and in the meantime in supersession to the high court’s order on February 8, the court ordered that the order passed by the Supreme Court at para 5 (iii) shall remain in field.