Ban on lottery, gambling programmes during Ramazan: IHC division bench issues notices to respondents

A division bench of Islamabad High Court (IHC) on Tuesday issued notices to respondents in an intra-court appeal which challenged the single bench verdict for putting a ban on all programs containing lottery and gambling during the holy month of Ramzan.
The IHC division bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani conducted hearing of the petition moved by Pakistan Broadcasting Association (PBA) and after issuing the notices to Ministry of Interior, PEMRA and Waqas Malik Advocate, who is petitioner in this mater, it deferred the hearing till May 17 for further proceedings.
The PBA moved the court through its counsel Barrister Syed Ali Zafar and challenged the judgment of a single bench of IHC dated May 9. Barrister Zafar argued before the court that he is aggrieved by the order of the single bench which has imposed a complete ban on certain programs like "Neelam Ghar" and issued various directions to the channels on what to show and what not to show as well as the timings of the programs.
In addition, he stated that the bench had also formed a censor board to view programs and also formed the committee to oversee the workings of PEMRA.
Barrister Zafar submitted that the court has banned entertainment programs before 9:00pm during the month of Ramzan on the assumption that entertainment programs are immoral and indecent. He maintained that the court has no jurisdiction under the Constitution and the law to pass such directions and ban all entertainment programs. He relied on Article 19 'Freedom of Speech and Expression and 'freedom of press' which, he said, is a fundamental right guaranteed to the people and only the Parliament can impose reasonable restrictions on these rights only through laws.
He contended that the said judgment is wholly illegal and void as no court could impose its version of indecency and morality on the public. Therefore, he prayed to the court to declare the said verdict as null and void.
Earlier, the IHC single bench had directed to ban all programs containing lottery and gambling during the holy month of Ramzan while disposing of a petition against the violation of code of conduct for morning shows and Ramzan transmission by some TV channels.
The IHC bench also banned the airing of programs like 'Neelam Ghar' and those appearing to be like a circus show during the holy month.
Justice Siddiqui noted in the order, "It is responsibility of the state to provide an atmosphere in accordance with the teachings and requirement of Islam as set out in the Holy Quran and Sunnah. As such indecency, immorality and obscenity of any kind and nature are against injunction of Islam and offensive to guarantees provided by organic law of the country i.e. the Constitution."
The judgment said, "No program suggestive of containing lottery and gambling, even apparently for a noble purpose like Hajj/Umrah tickets, etc, shall be promoted to air either live or recorded."
According to the verdict, no program in violation of PEMRA guidelines should be aired and stern action will be taken against violators after strict monitoring.
"No activity in [an] individual or collective capacity of any citizen can be allowed which is against the glory of Islam, integrity, security or defense of Pakistan, friendly relations with foreign states, public order, decency or morality or in relation to contempt of court," read the verdict.
It added, "All law enforcing agencies and regulatory bodies are under statutory obligations to ensure that no activity prejudicial to the glory of Islam and the Constitution is permitted, individually or collectively on electronic or print media."
The court also directed the Information Ministry, Interior Ministry and Pemra to ensure the points including complete ban on advertisements, dramas and films of foreign origin, India in particular, 10% of foreign TV contents which is permissible as per rules shall be allowed to be aired, subject to approval by the committee consisting of secretaries noted above and the chairman Pemra. The committee shall ensure that contents proposed to be aired are not in conflict with the injunctions of Islam, Constitution, Pemra laws, code of conduct and judgements of the superior courts of the country, no programme shall be aired [in Ramazan] resulting in disrupting the spirit of this holy month. Ramazan being month of Holy Quran should be observed in promoting the meanings and message of Quran in vernacular languages and all TV channels should broadcast the call to prayer five times a day.
The verdict said that no advertisements can be aired at least five minutes prior to the breaking of the fast. Instead, Durood Sharif and dua must be offered for the solidarity, prosperity, peace and tranquility of Pakistan, well-being of all citizens and promotion of tolerance, forgiveness, sacrifices and acceptance of prayers.
It stated that it is expected of all channels and licensees of Pemra that respect and spirit of the holy month of Ramzan is not compromised by any host or guest, either through appearance or any act or words spoken.
In the judgment, the committee was ordered to file a report on the implementation of court directives upon completion of the first 10 days of Ramzan.
The petition was moved by Muhammad Waqas Malik Advocate saying that according to the Article 2 of the Constitution of Pakistan, Islam shall be religion of the state. Further it is in the Constitution under different articles that the state shall enable people of Pakistan to live their lives according to the teachings of Islam. But public at large is immensely invaded by the nude and filthy stuff through TV channels and they are helpless.