IHC says court can’t give relief to absconders

ISLAMABAD: The Chief Justice of Islamabad High Court (IHC), Athar Minallah, on Thursday said the "court cannot grant relief to an absconder". The high court was hearing a petition challenging the Pakistan Electronic Media Regulatory Authority's (Pemra) order to ban speeches, interviews and public addresses by proclaimed offenders.

IHC CJ Athar Minallah sought arguments from advocate Salman Akram Raja at the next hearing on December 16. During the hearing, the court said it had declared in the case against former president Pervez Musharraf that there would be no relief for any person absconding in any case. "Who are you asking relief for?" the judge asked and said, “Has Pemra imposed a ban on anyone?”

Advocate Salman Akram Raja said Pemra has not placed a ban on any politician or person. Justice Athar Minallah remarked that the people who feel that Pemra ban violates their rights can file an appeal against it. Those who are absconding have no right to challenge any ban, he said, adding they should surrender first and then ask for legal protection.

The court cannot be expected to suspend Pemra’s notification as it will provide other absconders and proclaimed offenders an opportunity to broadcast their speeches too.

Salman Akram Raja argued that the order had affected thousands of people, not just two. He said the ban had affected the citizens' right to information which had been granted by the Constitution, adding that the Article 19 (A) gave the right to the freedom of expression.

When the court asked if the petitioners wanted General (R) Musharraf's speeches to be aired as well, the petitioners' lawyer said that the appeal was not about an individual." Petitioners desire that they are not stopped from relaying information to the public," the lawyer said.

Justice Minallah said the Pemra's order had stopped channels from airing speeches of proclaimed offenders and remarked that "absconding suspects are discussed on the media daily". He remarked that the freedom of expression is very important but here the question is somewhat different.

"This is a test for the entire judicial system. You want that relief be granted to all absconding suspects?" Justice Minallah remarked. "Granting relief to an absconding suspect is not in the public interest," he observed.

"Your appeal would grant relief to all absconding suspects which the court does not want to give," Justice Minallah said. He told the counsel to prepare arguments to convince the court to take up the petition for further hearing.

Later, the court adjourned the hearing till December 16. Earlier, the Pemra had banned the speeches of proclaimed offenders and absconders on October 2 after PML-N Quaid Nawaz Sharif addressed a party press conference.