Case Update Status

Sindh High Court (SHC) restores ARY News transmission

Summary of Case

" KARACHI: The Sindh High Court (SHC) on Wednesday ordered Pakistan Electronic Media Regulatory Authority (Pemra) to immediately restore ARY News transmission across the country. The court has also restrained Pemra from suspending or revoking the license of the TV channel till the next hearing. ARY News went off air in many parts of the country on Sunday evening without any prior notice by the competent authorities. In a 10-page interim order, the court also suspended the show-cause notice issued to ARY News by Pemra. In the interim order, SHC has not only restored the transmission of ARY News but also restrained Pemra from suspending or revoking the license of ARY News channel extending five days’ time to ARY News to submit reply of show cause notice issued by Pemra over PTI spokesperson’s statement. The private TV channel however undertook that it will not permit PTI spokesperson Shehbaz Gill to appear on ARY News subject to further order passed by the court or to post his views thereon. The interim order came on a lawsuit filed by ARY News against issuance of show cause notice by the Pemra. Plaintiff counsel Abid S Zuberi, Ayan Mustafa Memon and Amna Khalili submitted that ARY News transmission was removed from the air as well from the cable TV on verbal instructions of the Pemra. Abid S Zuberi submitted that the Pemra issues show cause notice over a breaking news that was aired at TV where newscaster referred to an old story aired on June 27 in which PTI spokesperson Shehbaz Gill was in conversation. He submitted that the Pemra issued two-day time to reply to the factual controversy as well as legal aspects associated herewith threatening initiation of proceedings under the Pemra laws. He submitted that impugned show cause notice has not been issued by the competent authority under the Pemra Ordinance and the same was not maintainable. Zuberi submitted that the TV channel runs programs but it was not necessarily that the channel itself agrees to the statements or views expressed by any of the participants or the guests, therefore the impugned action issued by the Pemra is itself unwarranted under the law. He submitted that no chairman of the Pemra has been appointed yet nor the 12 members of its committee is in existence, therefore the authority under section 6 and 8 of the Pemra Ordinance was not in existence and no hearing could be taken place if notice is considered truth. Pemra counsel Kashif Hanif submitted that the Pemra has not passed an order for banning the channel nor issued any direction to the cable operators to remove the channel. He submitted that the Pemra has issued show cause notice to the plaintiff channel under the Pemra television broadcasting rules. The SHC single bench headed by Justice Zulfiqar Ahmed Khan after preliminary hearing of the lawsuit issued notice to the Pemra. The court observed that the Pemra will be at liberty to consider submission of the plaintiff against show cause notice and proceed with the matter in accordance with the law however no final order shall be passed till next date of hearing in subject matter. The court observed that since the Pemra stated that no direction has been issued with regard to banning or off airing plaintiff channel the Pemra and other defendants are directed to restore as soon as possible ARY News channel on the same number or position as it were on August 7 without any loss of time. The court has issued notice to the Pemra and the Deputy Attorney General and adjourned the hearing until August 17, 2022."

Category of Incident

Censorship

ICCS Status

ICCS Divisions: 0803-Acts related to freedom of expression or control of expression

ICCS Group: 08039-Other acts related to freedom of expression or control of expression

ICCS Class: N/A

ICCS Crime: Acts related to freedom of expression or control of expression

Reported By

Business recorder

Date of incident

10

Month

August

Year

2022

Name of affected person

ARY News

Other affected persons

No other person was affected

Name of affected organization

ARY News

Other affected organizations

No other Organization affected

Action by

Sindh High Court restores channel ARY News.

City

Nationwide

Province

Nationwide

Designation

Organization

Professional category

Organization

Age of victim

Not applicable

Marital Status

Compensation Details

Amount of compensation announced by government: No compensation announced

Date of compensation announcement by government: No compensation announced

Date of compensation paid by government: No compensation announced

Amount of compensation announced by others: No compensation announced

Date of compensation announced by others: No compensation announced

Date compensation paid by others: No compensation announced

FIR Details

Was FIR registered ?: No

Court Details

Was case investigated ?: FIR not registered

Court where case was presented: FIR not registered

Name of prosecuting lawyer: FIR not registered

Date of first court hearing:

Date of last court hearing:

Status of court case: FIR not registered

Journalist Union Status

PFUJ

Not required to contact

APNS

N/A

CPNE

N/A

PBA

N/A

Media Source Status

Media reports:

Condemn Status

Colleague of victim

Not required to contact

Employer organization

Not required to contact

Press Club Status

Press club 1: Not required to contact

Press club 2: N/A

Press club 3: N/A