The Supreme Court on Wednesday observed that Pakistan Electronic Media Regulatory Authority (Pemra) is not an independent body. "The PEMRA is not an independent body, as the policy decisions and the appointments of its chairman and members are made by the federal government," noted Chief Justice Mian Saqib Nisar while heading a three-member bench, which was hearing suo motu on the Media Commission.
"We would go deep into this case and if need be then we shall examine the credentials of PEMRA members," he added. If the appointments of members are made in a transparent manner then the PEMRA would become an independent organization, the CJP said.
Journalist Hamid Mir, told the court that the government is not implementing the recommendations of the Media Commission, constituted by the apex court. He said that the federal government not only failed to fulfill its commitment but also took a somersault and its new stance is totally against its promise.
He requested the court to declare the Articles 5 and 6 of the Pemra Ordinance, 2002 null and void.
The Chief Justice stated: "If Articles 5 & 6 of the Pemra Ordinance are removed then the whole structure of the Pemra Ordinance would fall. We have to examine the Pemra Ordinance as a whole and not only these two articles."
The CJP noted if the federal government is avoiding fulfilling its undertaking given to the apex court, they could declare Articles 5 and 6 of Pemra null and void. He, however, added that they could also refer back the matter to the Parliament for amendment in the Pemra law.
Justice Ijazul Ahsan questioned: "Why is the government always adamant to keep control over the PEMRA?" He said that the Ministry of Information Broadcasting has powers to issue directives to the authority.
The Chief Justice inquired from Additional Attorney General (AAG) Waqar Rana whether appointments in Pemra were made in consonance with the recommendations of the Media Commission. The AAG, however, did not reply.
Hamid Mir requested that the government's power to issue directives to Pemra be sliced as it affects its independence.
The bench directed Waqar Rana to provide reasonable restrictions which do not affect the fundamental rights of the citizens and could be imposed.
The case was adjourned till Thursday (today).