LAHORE: The Lahore High Court on Monday sought detailed report on steps taken by Pakistan Electronic Media Regulatory Authority (Pemra) to control broadcasting of alleged anti-judiciary speeches of former prime minister Nawaz Sharif, his daughter Maryam Nawaz and other leaders of the PML-N on television channels.

A full bench comprising Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Atir Mahmood and Justice Chaudhary Muhammad Masood Jahangir is the forth bench which held its maiden hearing on the petitions seeking ban on broadcasting of alleged contemptuous speeches.

At the outset of the proceedings, Nawaz Sharif’s counsel Advocate A K Dogar appeared before the bench and objected to the inclusion of Justice Atir Mahmood in the bench, saying that he had served as general secretary of Pakistan Tehreek-i-Insaaf’s lawyer forum in the past.

Taking his objection seriously, Justice Naqvi, head of the bench, observed that: “After elevation, a judge has no relation or connection with any group or party,”. 

Justice Naqvi barred A K Dogar from unnecessary things and asked him to present legal arguments.     

“What is this what you have started?, Are there legal arguments ,” Justice Naqiv reminded  A. K. Dogar, observing that  he was standing in the courtroom and the decisions would be given in accordance with the law rather than the wishes.

Dogar said raising objection was his right on which Justice Naqvi said that he should not say such things and even the notices have not been served, so how the arguments could be done.

Justice Atir Mahmood said: “You (Dogar) know better the respect of the court, Dogar sb your associates are interfering.” Dogar said his client (Nawaz Sharif) had been served notices. At this, Justice Naqvi said that no notice had been served to his clients as per the application lying in front of the bench.

“You have known everything while sitting at home,” Justice Naqvi addressed the lawyer. He asked the lawyer to argue after the notices have been served.  

“ It is as if you are appearing first time in the court, you know how much you are respected, so keep your respect intact,” the judge further remarked.   

“You remained prime minister for three times and you should be humble and down to earth,” Justice Naqvi addressed Mr. Dogar, the counsel of Nawaz Sharif.

The judge also rejected the impression that the judges were with any agenda, saying that the decision are given in accordance with the law.

Advocate Azhar Siddique, the counsel of the petitioners Munir Ahmad and Amna Malik, said that Pemra failed to fulfill its duty to control broadcasting of contemptuous speeches. At this, Justice Naqvi asked him if he approached Pemra. He replied that they approached the authority a number of times but no action was taken. According to Pemra rules, he said he also approached Council of Complaints and also provided all required matrial of contemptuous speeches to the authority.  However, he said presenting record of the program was not his duty. Pemra completely failed to perform its duties, the counsel said.

The counsel further said that 9 months had been passed but no action was taken on their applications. Justice Jahangir said that should they send his case to the council of complaints. On it,  Azhar said that his case was beyond the limits of the council.

At this, Justice Naqvi said that who was representing the authority on which PEMRA Secretary Sohaild Asif, who was already present there in the courtroom, appeared before the bench. The bench asked him that why the broadcasting of contemptuous speeches was not being stopped and asked him that why the acting chairman of the authority did not appear before the court. On it, Asif said that he was in the head office.

At this, the bench directed him to appear in person on the next hearing. The bench also directed the authority to come up with the steps taken to control broadcasting of contemptuous speeches and put off further hearing until April 11.

It was the fourth bench as earlier a full bench headed by Justice Sayyed Mazhar Ali Akbar Naqvi and comprising Justice Atir Mahmood and Justice Shahid Jamil Khan had to take up the petitions on Friday but Justice Shahid Jamil Khan refused hearing of the case for personal reasons.

However, LHC Chief Justice Muhammad Yawar Ali constituted a new bench for the fourth time. The CJ replaced Justice Khan with Justice Chaudhary Muhammad Masood Jahangir.  Before that, two full benches stood dissolved; first time when a new roster was issued for the sitting of the judges at different benches of the Lahore High Court and the second time when Justice Shahid Mubeen recused himself from hearing of the case.

Amna Malik, Munir Ahmad and other citizens had moved the petitions against former prime minister Nawz Sharif, Maryam Nawaz and other leaders of the PML-N over their alleged anti-judiciary speeches.  The petitioners also alleged that Pemra was not fulfilling its obligations and contemptuous remarks against the judges of the superior courts and the judiciary were being broadcast on TVs. 

They said Pemra had intentionally been allowing broadcasting of such material on TVs.  Such act of Pemra was tantamount to contempt of courts and deserved the strict action, they said. 

The petitioners said  the Pemra has been failed to act as an independent regulator rather became a subordinate body of the government. They argue that the Pemra officials needed to realize that they are not working on the PML-N’s payroll and have to protect citizens of Pakistan and the institutions in every regard.

They prayed the court to order Pemra to bar media houses from airing anything against the laws and offensive to the state institutions.