LHC judge refuses to hear Imran's plea against PEMRA

LHC judge refuses to hear Imran’s plea against PEMRA

Author: Agencies

Lahore High Court’s (LHC) Justice Shahid Bilal Hassan on Wednesday recused himself from hearing Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan’s plea challenging PEMRA’s ban on airing his speeches.

Justice Hassan sent the case file to the LHC chief Justice, requesting to fix it to another bench.

On March 5, the Pakistan Media Regulatory Authority (PEMRA) had issued the order, under Section 27 of the PEMRA Ordinance 2002 purportedly declaring that Imran in his speeches and statements is continuously alleging state institutions by “leveling baseless allegations and spreading hate speech through his provocative statements against state institutions and officers, which is prejudicial to the maintenance of law and order and is likely to disturb public peace and tranquility”.

The PTI chairman had filed the petition through Barrister Muhammad Ahmad Pansota contending that in the judgment reported as ‘Imran Ahmad Khan Niazi Vs PEMRA’, Justice Athar Minallah of the Islamabad High Court had declared similar prohibition order on similar grounds as ultra vires the Ordinance.

Barrister Pansota submitted in the petition to the LHC that “PEMRA has issued the impugned order in excess of the jurisdiction vested in it and without having regard to the constitutional rights guaranteed under Articles 19 and 19-A of the Constitution.” “Moreover, a plain reading of Section 27 also, prima-facie, shows that it does not empower the authority to issue a blanket prohibition order. The order appears to be in violation of the principle of proportionality,” read the plea.

He further contended that under Section 8 of the PEMRA Ordinance, 1/3rd of the total members of the authority shall constitute a quorum for the meetings of the authority requiring a decision by the authority which comprises a chairman and 12 members. “As such at least five members should be present to constitute a quorum. Under section 8(5) all orders, determinations, and decisions of the authority shall be taken in writing and shall identify the determination of the chairman and each member separately.”