Issue of offensive telecast: Supreme Court urged to suspend IHC order

24 Oct, 2012

A petition on Tuesday urged the Supreme Court to suspend an order of the Islamabad High Court that directed Pakistan Electronic Media Regulatory Authority (Pemra) to disrupt any live telecast of any offensive press conference or programme against the Chief Justice of Pakistan. The petitioner, Shahid Orakzai, contended that the Court had abolished the fundamental right of freedom of speech and expression while issuing such instructions to Pemra.
He asserted that specific fundamental rights could be suspended only through a procedure laid down in Article 233 of the Constitution and after the President of Pakistan issues a Proclamation of Emergency. Justice Shaukat Aziz Siddiqui of Islamabad High Court on October 9 directed the authority to ensure that no programme containing malicious material was telecast by any television channel in which the person of the Chief Justice of Pakistan was "criticised, ridiculed and defamed".
The petition, filed by Muhammad Akram Sheikh, cautioned the Islamabad High Court about a prospective attack against the Chief Justice of Pakistan through another live press conference which would leave the Chief Justice of Pakistan "no choice but to resign". Seeking leave to appeal, Shahid Orakzi said that a fundamental right could not be suspended for the sake of protecting the reputation of a single individual, be he the President of Pakistan. "The Chief Justice of Pakistan is apparently the beneficiary of the impugned order," Shahid Orakzi contended.

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