Pemra bar on Fazl presser coverage illegal: PHC.

PESHAWAR -- The Peshawar High Court has ruled that the Pakistan Electronic Media Regulatory Authority's act of stopping television channels from airing the news conference of Jamiat Ulema-i-Islam-Fazl chief Maulana Fazlur Rehman was illegal and a violation of the Constitution and the Pemra Ordinance, 2002.

A bench consisting of Chief Justice Waqar Ahmad Seth and Justice Ahmad Ali ruled that the bar on the media coverage of the JUI-F's presser violated Article 19 of the Constitution and Section 27 of Pemra Ordinance.

The bench had pronounced on Oct 29 a short order of accepting the petition of lawyer and JUI-F leader Obaidullah Anwar, who had challenged the Pemra's act of stopping news channels from telecasting Mr Fazl's news conference through verbal orders and requested the court to declare it illegal and unconstitutional.

In the detailed judgment, the bench cited the provisions of Constitution and Pemra Ordinance, 2002, and directed Pemra to ensure that private television channels air the opposition's activities on a par with the government's.

Court observes channels can file contempt petitions if such restraining orders issued again

The bench observed that if any channel was again told not to cover the JUI-F leader's news conference, the petitioner could file a contempt petition with the court.

Quoting Section 27 of the Pemra Ordinance, the bench ruled that the said provision clearly revealed that the authority should by order in writing prohibit any broadcast media or distribution service operator.

It, however, said records of the case would reveal that there was existed no such orders in writing and instead, the Pemra verbally instructed all TV channels not to telecast the news conference of the JUI-F leader, which was a clear violation of the law.

The bench observed that Article 19 of the Constitution provided every citizen to have the right to freedom of speech and expression, etc.

It referred to a Supreme Court judgement in a case of Dr Shahid Masood and others...

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