SUO MOTO CASE vs N/A
This matter concerns a suo moto proceeding regarding the regulation of media channels and the failure of the Pakistan Electronic Media Regulatory Authority (PEMRA) to address complaints of legal violations and service interruptions. The core legal questions involve the enforcement of fundamental rights, specifically the right to information, and the administrative failure to appoint a Chairman for PEMRA as previously directed by the Court. The Court expressed dismay at the lack of substantive action taken by PEMRA against media channels violating the law, characterizing existing measures as cosmetic. The Court held that the fundamental right to information under Article 19A of the Constitution of Pakistan 1973 must be strictly enforced, ensuring that all media channels and newspapers remain accessible to citizens. Furthermore, the Court reiterated its prior directive for the immediate appointment of the Chairman of PEMRA, demanding the production of the Search Committee's report. The principle established is that regulatory bodies must actively enforce legal compliance and protect constitutional rights, and that administrative delays in statutory appointments, particularly when ordered by the Court, are unacceptable and subject to potential accountability.
- Does the failure of a regulatory body like PEMRA to take substantive action against media violations constitute a breach of its mandate?
- Is the right to information under Article 19A of the Constitution of Pakistan 1973 enforceable against state interference with media distribution?
- Can the Court compel the appointment of a statutory head, such as the Chairman of PEMRA, when previous directives have been ignored?
- Article 19A, Constitution of Pakistan 1973
C.M.A.3196/2018 places on record the report filed by the PEMRA regarding the action taken by the council of complaints shows that merely advice has been issued and one channel has been censured for going beyond the area cordoned for the law enforcement agencies. We have noted with dismay the lack of action taken by PEMRA on the complaints against various channels where serious breach and violation of law has been raised. No action against any other channel is shown to have been taken and action taken against one channel seems to be merely cosmetic and not serious.
2. On the last date of hearing specific directions were issued for the learned Attor ney General to assist the Court; learned DAG informed the Court that learned Attorney General is out of Pakistan for one week.
3. Col. Falak Naz, Director, Ministry of Defence is in attendance but is not in a position to answer the queries raised by the Court. Therefore, it is directed that on the next date of hearing the Secretary, Ministry of Defense to appear before the Court flanked by the learned Attorney General.
4. During the course of the proceeding representative of Geo News and Dawn TV complained that in certain areas at the behest of some forces their channels are interrupted and not allowed to be aired and their publications are also restricted in such areas. Hafiz S. A Rehman, Sr.ASC for PEMRA is in attendance and after inquiring from the PEMRA officers confirms such statement and states that certain reports have been received on this count.
Apparently no action has been taken. Learned DAG to ensure that fundamental rights of the people including the right of information (Article 19A of the Constitution) is strictly enforced and all newspapers and media channels are freely made available to the citizens of Pakistan.
5. We have been informed that the office of the Chairman PEMRA is still vacant. Learned DAG informed that process to appoint the Chairman is underway. It may be observed that on 19.03.2018 this Court had already directed that Chairman PEMRA to be appointed within four weeks. The impediment in the way of appointment of the Chairman of PEMRA has not been mentioned. Let the report of the Search Committee which we are told has been delegated the task to choose an appropriate candidate be placed on record. Learned DAG to ensure that the order of the Court calling for the appointment of the Chairman is complied with otherwise action against those responsible may be taken.
6. In paragraph 7 of the order dated 16.02.2018 it was noted that the report of the Inter-Services Intelligence was insuf ficient. Let a comprehensive report be submitted which should attend to the queries that have raised.
7. Since the learned Attorney General is out of Pakistan matter is being adjourned to a date immediately after ten days. Needless to say that none of the parties is in attendance may put forward excuses that they were not aware of the fixation of the case and the directions passed herein as the order was dictated in their presence.