A division bench of Islamabad High Court on Friday accepting the appeal of Pakistan Broadcasters Association (PBA) suspended the order of the single bench regarding Ramazan transmission. The IHC Division Bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani announced the verdict which it had reserved last week after hearing arguments in the ICA.
In its 26-page judgment, the DB suspended the single bench's decision regarding code of conduct for Ramazan transmissions and also stayed the constitution of the committee and submission of its report on the implementation of court directives upon completion of the first 10 days of Ramazan.
In the verdict, the court also suspended earlier orders to air Adhan (call to prayer) five times a day on TV channels while it also stayed the orders not to air advertisements before Maghrib prayer and airing Darood Sharif and prayers for national peace.
The dual bench noted in the verdict, "Since the directions issued in paragraph 2(i) and (ii) (in case of 2(ii) to the extent of constitution of Committee) as well as paragraphs 3 to 6 of the impugned order are without backing of any law, therefore, the same shall remain inoperative/stayed till the decision of the appeal by this court. However, channels shall be at liberty to follow the same on their own. In so far as other observations and directions are concerned, since, they already exist in various laws mentioned above and the stay or suspension of the same shall amount to suspending the law, therefore, the compliance with the same is to be ensured by PEMRA."
The verdict added, "It was argued by the learned counsel for the appellants that directive issued by PEMRA on 4-5-2018 was pursuant to proceedings before the judge in chamber. Prima facie under regulation 18 (g) ibid PEMRA has the power to issue directions and the appellant if are aggrieved of the same can challenge them before the competent forum. It is reiterated that to ensure the concept of Islamic way of life under Islamic culture is the foremost duty of PEMRA as is evident from the Ordinance, Rules, Regulations and directives noted above."
According to the judgment, "Any channel/media broadcast operator if flouts the above is to be dealt with in accordance with law. Likewise, the sanctity of month of Ramazan is to be maintained and in case if there is any violation vis-à-vis directives issued by PEMRA, action is to be taken against violators in accordance with law."
The court held that PEMRA is fully authorized to implement the code of conduct while the IHC cannot play the role of a regulator. The PEMRA is the regulator and it is responsible for binding channels to its code of conduct while the channels should take steps keeping in view the sanctity of Ramazan.
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