ISLAMABAD: The Supreme Court on Wednesday directed the government to submit a set of proposals to make the Pakistan Electronic Media Regulatory Authority (PEMRA) an independent and autonomous institution.
A three-member Supreme Court bench comprising Chief Justice Mian Saqib Nisar, Justice Umer Ata Bandial and Justice Ijazul Ahsan issued the directions while hearing the media commission case.
During the hearing, the chief justice noted that PEMRA was not an independent institution. He said prima facie the assurance given by the government for making PEMRA free of any political pressure was not being implemented yet. He said the government’s step regarding suspension of telecast of television channels during the Faizabad sit-in in November last year might be repeated again if PEMRA is not made an independent institution.
Appearing on notice, Additional Attorney General Rana Waqar told the court that the proposals and recommendations in the media commission report would have to be seen in a broad spectrum after the passage of the 18th Amendment. He said the federation also wanted to see the PEMRA as an independent organisation.
“We can review any law which violates the fundamental rights guaranteed in the constitution,” the chief justice noted. Rana Waqar then stated that the sections about the government’s powers were already present in the PEMRA laws. The chief justice noted that it seemed as if the government did not want to make the PEMRA an independent entity. He said the independence of PEMRA starts from the appointment of its heads. He said the petitioners wanted to see the PEMRA an independent body.
Hamid Mir, the petitioner, contended before the court that the government was backing out from its assurance of making PEMRA an independent entity. He said the government exercised its powers during the Faizabad sit-in and shut down the television channels without any solid justification. He said sections 5 and 6 of the PEMRA law should be set aside. “No law can be set aside prior to its thorough reviewing,” the chief justice noted, adding that the matter could be referred to parliament for an amendment to the PEMRA law to end government’s interference. Justice Umer Ata Bandial noted that sections 5 and 6 of PEMRA law seemed to be violative of Article 19 of the constitution.
During the proceedings, Information Secretary Ahmad Nawaz told the court that the transmission of television channels was suspended last year after they did not abide by PEMRA’s directions. “This should never be repeated in future,” the chief justice noted, adding that procedure for appointment of PEMRA chairman should be made transparent. He held that all stakeholders should sit together and devise suggestions to solve the issue of PEMRA’s independence.
Published in Daily Times, April 5th 2018.