SC suspends conviction of Geo TV owner by GB court

SC suspends conviction of Geo TV owner by GB court

ISLAMABAD: The Supreme Court suspended on Wednesday a Nov 25 verdict of Gilgit-Baltistan (GB) Anti-Terrorism Court (ATC) No. 1, convicting media tycoon and Geo TV owner Mir Shakeelur Rahman and sentencing him to 10 years rigorous imprisonment and Rs300,000 in fines.

A three-judge Supreme Court, bench headed by Justice Asif Saeed Khosa, also asked Attorney General Salman Aslam Butt to assist the court on a question raised in the petition to determine the jurisdiction of the Supreme Court over the territory of GB. The date of the next hearing will be decided later.

The ATC had sentenced Mr Rahman over the airing of the May 14 episode of Dr Shaista Lodhi’s morning show, Utho Jago Pakistan, where the allegedly inappropriate use of a piece of qawwali prompted rival media groups to initiate a smear campaign against the Geo network, accusing it of committing blasphemy.

Read: Gilgit court hands 26 years’ jail to Geo TV owner

The petition before the apex court, moved by senior counsel Khawaja Haris Ahmed on behalf of Mr Rahman, asked the court to suspend the ATC’s conviction and stay any warrant of arrest, attachment or confiscation of passport in any territory that was part of the territory of Pakistan.

In the volatile environment after the programme aired, 71 FIRs were registered in nearly all major cities of Pakistan, including nine that were filed in GB, under blasphemy.

Apex court criticises police for ‘falsifying’ report, summons IG over anti-judiciary banners.

The latest petition contends that under Article 247(7) of the Constitution, the jurisdiction of the Supreme Court was barred only in tribal areas, but not in respect to any part of Pakistan. In terms of Article 1(2d) of the Constitution and on the basis of the ratio laid down in the SC judgment in the 1999 Al-Jihad Trust case, GB was held to be part of Pakistan.

Thus, if GB was a part of Pakistan, then the jurisdiction of the Supreme Court, especially under Article 184(3) of the Constitution, also extended to the territories, courts, authorities and persons functioning and/or residing in GB as well, the petition pleaded.

GB is considered to be a part of Pakistan even by the Supreme Appellate Court of Gilgit-Baltistan and that the courts in GB were considered as courts in Pakistan and the judgments passed by the apex court were also binding on all courts in the territory, the petition pleaded.

Moreover, the petition argued, the offences allegedly committed by Mr Rehman fell exclusively within the domain of the Pemra Ordinance 2002, by virtue of over-riding effect given to the provisions in the ordinance.

Anti-judiciary banners

Meanwhile, a different bench, headed by Justice Ejaz Afzal, on Wednesday ordered Inspector General of Islamabad Police Tahir Alam Khan on Wednesday to appear before it in the second week of January next year. The summons is with reference to the matter of banners that went up in the Red Zone as well as different parts of the capital on the night of May 22.

Sponsored by an unknown organisation calling itself the ‘Farzand-i-Islam’, the banners levelled serious allegations against Justice Jawwad S. Khawaja.

On Wednesday, the court criticised Aabpara Station House Officer (SHO) Khalid Awan for his failure to apprehend the culprits behind the banners.

The court also rejected a police report, which claimed that freelance journalist Mohammad Rashid was behind the banners. The police report also claimed that Rashid had put up banners also against anchorperson Hamid Mir in the past.

Rashid’s email, Facebook and bank accounts had also been examined, but nothing significant turned up, the police report said, adding that a trial court was also conducting proceedings against Rashid and his three accomplices.

The apex court, however, reprimanded the police officer for presenting “false reports” and ordered the Islamabad IGP to appear in person and submit a comprehensive report on the matter.

DAWN

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Gilgit court verdict challenged in Chief Court

Gilgit court verdict challenged in Chief Court

Editor-in-Chief of the Jang Group Mir Shakil-ur-Rahman has challenged the verdict given by the court of Gilgit-Baltistan (GB) filing an appeal against the ruling in the Chief Court of GB.The Chief Court has also issued a formal notice to prosecution in this regard.It is hoped that the Chief Court of GB will dispense justice to the appellants.Meanwhile, Raja Shakeel Advocate said that the editor-in-chief of Jang Group was sentenced in absentia. Moreover, Muhammad Iqbal Advocate said that the ruling of the Anti-Terrorism Court was a sheer violation of the law.

The News

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GB court ruling against Jang Group ridiculous, says Ansar Burney

GB court ruling against Jang Group ridiculous, says Ansar Burney

KARACHI: Human rights activist and former federal minister for human rights Ansar Burney has termed the ruling against chief of Jang Group Mir Shakil-ur-Rahman and others awarded by Gilgit-Baltistan (GB) court ridiculous in the judicial history, says a press release issued on Monday.

Ansar Burney said that several questions were being emerged through filing of case against Geo by the murderers of humanity and through hurriedly announced ruling of the court while the GB court had no jurisdiction to hear this case.

He said that the magistrate of Gilgit-Baltistan areas had also declared Mir Shakil-ur-Rahman and others as proclaimed offenders in the same offence which had caused nothing but humiliation across the world.

He said that firstly the case could not be filed in anti-terrorism court and secondly the concerned court did not announce verdict against the petitioner and witness who were involved in killing of several people. He said that the so-called ruling of the court was contempt of justice.

Ansar Burney appealed to the prime minister to put an end to this ruling against chief of Jang Group and others by using his constitutional power. He asked the Gilgit-Baltistan government to purge their courts of such persons who are making courts a laughing stoke in the name of justice.

He said that the verdict of Gilgit-Baltistan court should be condemned which had become the cause of defamation of the nation and country across the world. He also demanded that investigation into this act should be carried out.

The News

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GB court verdict threat to press freedom

GB court verdict threat to press freedom

KARACHI: The president of the Council of Pakistan News­paper Editors (CPNE), Mujibur Rehman Shami, and the president of the All Pakistan Newspapers Society (APNS), Hameed Haroon, have, in a joint statement, expressed dismay at what they called unlawful conviction of Mir Shakeel ur Rehman, the Editor-in-Chief of the Jang-Geo media group and associated media persons, by an anti-terrorism court in Gilgit-Baltistan.

They said that the conviction was incompatible with press freedoms enshrined in Article 19 of the Constitution and that the Gilgit-Baltistan (Empowerment & Self-Governance) Order, 2009 under which the judicature of that territory had been set up, was violative of the fundamental rights guaranteed to all Pakistani citizens in the Constitution. They said: “The unlawful conviction of media persons in Gilgit-Baltistan constitutes a major threat to the existence of a free press throughout the country.”

The joint statement issued on Friday further said that whereas some fundamental rights had been conferred under the controversial order, two major fundamental rights enjoyed by citizens of Pakistan under the 1973 Constitution were notably missing from it — the fundamental rights enshrined in Articles 10A and 13 of the Constitution.

CPNE, APNS urge PM to take notice of ‘unlawful conviction’

The statement pointed out that Article 10A provides that in any criminal charge, a person shall be entitled to a fair trial and due process and Article 13 guarantees that “no person shall be prosecuted for the same offence more than once”.

“Thus, if citizens of Pakistan not resident or not even physically present in the territory, were to be transported for trial from Pakistan to Gilgit-Baltistan for alleged offences, such persons would be denied two important fundamental rights.”

The presidents of CPNE and APNS have urged the prime minister to take immediate notice of the ‘unacceptable and anomalous’ situation by appropriately modifying the Order 2009. “Under Article 31 of this controversial order, the executive authority of the Government of Gilgit-Baltistan must be exercised to secure compliance with Pakistan laws, and this is a process that must be initiated immediately.”

Under Article 34 of the order, the prime minister has the power to remit, suspend or commute any sentence passed by any court or tribunal of Gilgit-Baltistan.

The statement said that the prime minister “must exercise his power to dispose of the sentence by the anti-terrorism court in Gilgit-Baltistan. Otherwise, Pakis­­tani journalists would always remain in fear of being dragged into criminal proceedings by a flawed dispensation in Gilgit-Baltistan on the flimsiest of pretexts — that their reportage has also been disseminated in Gilgit-Baltistan.

Dawn

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Gilgit courts have no jurisdiction in Pakistan, say experts

Gilgit courts have no jurisdiction in Pakistan, say experts

ISLAMABAD: Eminent legal experts and jurists say that the Gilgit-Baltistan (GB) courts have no jurisdiction outside that area and any issue relating to broadcast of any content on the electronic media could only be dealt by Pemra.

Akram Sheikh, an eminent legal expert, told The News that no court of Gilgit-Baltistan had the jurisdiction whatsoever outside the region of Gilgit-Baltistan and it cannot proceed against a citizen of Pakistan who is protected under Article 4 of the Constitution of Islamic Republic of Pakistan.

“Not only this, the proceeding against Mir Shakil-ur dubious and wrong as Geo Television is run by a company, not individual, and laws provide very clear process to proceed against a company,” Akram Sheikh said adding “No criminal proceedings could be initiated against top management or even CEO of a company, and top management could only be proceeded for any civil liability.”

Akram Shiekh clarified that Pakistan’s Supreme Court has jurisdiction over these areas. The lawyers’ community was taken aback by proceedings in a Gilgit court, which awarded 26-year imprisonment to the accused without even hearing them. Top legal minds said that direct involvement of a person, facing charges of forcibly dragging 10 people out of the bus and killing them ruthlessly on sectarian grounds, in this case proves who is behind killing of thousands of Pakistanis. They said it has proved who is playing the dirty game of killing innocent people in the name of religion.

Former senior judge of the Supreme Court Justice Wajihuddin Ahmad while talking to The News said that issues relating to broadcast of contents are dealt by PEMRA and its position on the issue is more important. Justice Wajih said that jurisdiction of the courts in Gilgit-Baltistan is confined to those regions only. He said efforts were made to make Gilgit-Baltistan a province during the tenure of PPP government but it could not be done, as it was not possible constitutionally.

Akram Sheikh said that it was very unfortunate that process of law has been compromised simply to punish one person whereas the companies’ law is very much clear about the process to be followed in case of any alleged reported criminal activity. He said that Pakistani courts could take up this issue as they have jurisdiction in those areas. He said that areas of proper jurisdiction were police stations of Islamabad, Karachi and other Pakistani areas where the issue has already been resolved.

The News

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