ISLAMABAD - Justice Babar Sattar of Islamabad High Court yesterday asked the Assistant Attorney General about the legal standing of Inter-Services Public Relations (ISPR) and how ISPR assumes the exclusive right to determine who can be a defence analyst in Pakistan, according to the court order released on Wednesday.
A petition was filed by Col. (Retd) Inam ur Raheem at IHC in which he stated that he has impugned a notification dated 04-04-2019 which required that only retired Armed Forces officers be invited as defence analysts for discussion on defence matters, after seeking prior clearance from the ISPR. He stated that the Pakistan Electronic and Media Regulation Authority (PEMRA) has no jurisdiction to determine who can speak on what subject while appearing on a television channel.
According to the court order, Col. Inam ur Raheem also stated that he had filed a complaint with PEMRA that General Pervez Musharraf, who at the time was a proclaimed offender, was allowed to appear on TV channels and disseminate his views. The complaint was rejected on the basis that Article 19 of the Constitution guarantees the right of freedom to speech as an expression that cannot be curtailed even in the case of the proclaimed offender.
The order further stated that when the court asked PEMRA about the statuary power vested in it to regulate the content of discussions and issue directives for the pre-clearance of individuals who express views on television channels, the counsel of PEMRA posted to section 20A of the PEMRA Ordinance 2002 which speaks of the obligations of licensees to uphold the sovereignty, integrity, and security of Pakistan. When the court asked the PEMRA counsel how PEMRA can impose prior restraint on speech and what pre-clearance of individuals providing content on TV has to do with the sovereignty, integrity, and security of Pakistan, the counsel of PEMRA sought further time to assist the court.
When the court asked why PEMRA felt the need to issue an impugned circular and whether any request for such purpose was received from any sources within the Pakistan Armed Forces or ISPR, the counsel of PEMRA once again sought further time to assist the court, stated the order.
The court issued directions to PEMRA to produce the original noting file based on which the impugned notification was processed, recommended, and issued to assist the court as to why PEMRA felt the need to issue such notification. The court also asked AAG what the legal standing of ISPR is and how the ISPR assumes the exclusive right to determine who can be a Defense Analyst in Pakistan. The AAG also sought time to submit the reply. The case has been fixed for 20-11-2024.