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Alleged defamation of state institutions: Journalist Shahzeb Jillani’s bail extended by 2 days

A sessions court in Karachi on Monday extended by two days the interim pre-arrest bail granted to journalist Shahzeb Ali Shah Jillani in a case pertaining to alleged cyber terrorism, electronic forgery and defamatory remarks regarding the state institutions.

Last week, the court had granted an interim bail before arrest to the journalist in a case registered by the Federal Investigation Agency (FIA) under Sections 10(a) (cyber terrorism), 11 (electronic forgery) and 20 (malicious code) of the Pakistan Electronic Crimes Act (PECA), 2016.

Jillani, through his counsel today, moved an application before the district and sessions judge (South) Imdad Hussain Khoso requesting to confirm the interim bail granted last week against a Rs100,000 surety bond.

Neither the investigating officer of the case nor the the FIA prosecutor was present in the court. The judge, therefore, extended the interim bail granted to Jillani by two days with instructions to keep on cooperating with the investigation.

The complainant named Moulvi Iqbal Haider alleged in the FIR that he was watching Dunya Kamran Khan Kay Sath on December 8, 2017 when Jillani, who was the coordinator of the programme, “articulated defamatory remarks against respected institutions of the country while answering questions posed by the show’s host”.

The petitioner said that the journalist had made remarks against the “invisible security forces of the country” and had alleged that “the law enforcement agencies were directly involved in kidnapping of the citizens, which leads to cases of ‘missing persons’.”

The complainant said that on March 18, he once again noticed that Jillani had passed remarks through which law enforcement agencies had been “directly or indirectly, deliberately and intentionally accused of influencing the democratic system of Pakistan, due to which the solidarity, sovereignty, integrity and security of the state had been damaged and personal sentiments of the voters/general public had been hurt.”

According to Haider, Jillani had first “made a reference to the history of army generals negatively influencing democracy”, then suddenly referred to “the invisible force”, adding that “they select rulers.”

Haider, as per the FIR, further stated that Jillani had said that “Prime Minister Imran Khan cannot survive in the assembly if he works for public welfare and does not follow the directions of the establishment.”

The complainant also said that Jillani was towing the “line of foreign agencies on social media and had also been blogging in order to implement his agenda against the sovereignty of Pakistan”.

Haider said that the act of the suspect was in connivance with “others responsible at Dunya Newsas well as in collusion with the enemy countries”.

The FIR further mentioned that during the course of the inquiry it was found that “Jillani had — with the criminal intent and ulterior motives and without any lawful justification — made sarcastic, derogatory, disrespectful remarks and used defamatory language against Pakistan, the Election Commission of Pakistan, the armed force, including the chief of the army staff and Inter-Services Intelligence, etc.”

According to the complainant, Jillani’s actions “are tantamount to creating a sense of fear, panic, insecurity in government institutions, general public and society”.

KUJ demands revocation of case against Jillani, slams ‘coercive PECA’

Karachi Union of Journalists (KUJ) has condemned the case against Jillani under a “coercive law” for merely “expressing his independent views”.

The KUJ also criticised the law under which the case has been registered against Jillani, noting that “PECA was enacted in 2016 without consulting the journalist community and other stake holders.”

“The law seems to be in contravention of Article 19 of the Constitution, which gives freedom to any citizen of the country to express his or her views without any fear,” a KUJ statement said.

KUJ President Ashraf Khan and general secretary Ahmed Khan Malik said that “a systematic campaign” was going on to suppress the voices of journalists and that the latest notice was “a part of that campaign”.

They called upon the parliamentarians to review PECA as “it denies the rights of freedom of speech to the people of Pakistan.”

Both the office-bearers strongly demanded that “the government revokes the notice against Jillani, who enjoys an impeccable journalistic career and is well respected in the journalism community.”

Dawn

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BIEK imposes ban on journalists as exams begin

In view of the cheating culture at its peak in the ongoing Secondary School Certificate annual examinations 2019 being held under the Board of Secondary Education Karachi since April 1, the Board of Intermediate Education Karachi (BIEK) has imposed a ban on education journalists from the coverage of examination centres apparently in a bid to avoid such reports.

The BIEK on Saturday announced it was conducting the Higher Secondary School Certificate examinations 2019 from April 15, and, according to BIEK officials, 215,800 candidates were appearing in the exams.

When many cases were reported in mainstream media about the cheating culture, Sindh Minister for Education and Literacy Syed Sardar Ali Shah invited journalists and members of the civil society to assist the education department in the elimination of the cheating culture from exams. He had told members of the civil society and journalists that the education department would issue passes to give them access to the examination centres.

Contrary to this, BIEK chairman Prof Inam Ahmed is of the view that the elimination of the cheating culture is the basic responsibility of the board and there is no need for journalists to cover examination centres.

When the examinations started on Monday, dozens of candidates had registered their complaints at the Directorate of Inspection and Registration of Private Institutions Sindh. Students said they didn’t receive admit cards from the BIEK. Afterwards, Director Private College Prof Zahid Ahmed took notice of the complaints and visited many institutions. Ahmed reported that some administrators of private colleges were demanding payoffs for issuing admit cards to candidates.

The same situation was also observed at the Government College for Women located on Shahrah-e-Liaquat. Candidates complained that they did not receive their admit cards while the entry time at the examination hall had already started.

Also, mismanagement was observed at the Government Pakistan Shipowners’ College where candidates protested that the board had assigned duties to schoolteachers who were unable to explain question papers to them.

The News

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HRCP concerned over action against journalist, HR activist

Lahore: Following attempts to malign academic Dr Arfana Mallah and the FIR lodged against journalist Shahzeb Jillani, the Human Rights Commission of Pakistan (HRCP) has expressed its alarm at ‘the frequency with which human rights defenders and journalists are made the subject of propaganda amounting to incitement.’

In a statement issued today, HRCP has said that it ‘stands in solidarity with both Dr Mallah and Jilani.

The HRCP said it was troubling that an unverified news item implying that Dr Mallah expressed “anti-state” sentiments was broadcasted. In addition, the FIR lodged against Mr Jilani under the Prevention of Electronic Crimes Act (PECA) 2016, accusing him of casting aspersions on state institutions, is baseless and absurd.

The Commission urged media houses to institute higher reporting and verification standards, especially given that civil society voices are already subject to intimidation and harassment at the slightest provocation. The HRCP also demanded that the FIR against Jilani be quashed.

The News

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Media muzzled

Prevention of Electronic Crimes Act, 2016 (PECA) is just an addition to the already existing laws that are often used against the media and journalists; laws that allow the government of the day and the state to resort to newer tactics of censorship without having to use muscle power.

To this day, no one knows about the dozens of plainclothes people who stormed the house of Jang correspondent, Matloob Hussain Moosvi, on March 30. IGP Sindh, Kaleem Imam claims he has no clue about it except that the journalist was missing and the family had lodged a complaint.

Among the existing laws, there is Press, Newspaper, News Agencies and Books Registration Ordinance, 2002 which is likely to come into effect with more restrictions as reflected in the new drafts pending at the Centre and in Sindh (both drafts had been withheld owing to timely protests).

The Anti-Terror Law, Sect. 11(W) takes into account “printing, publishing, or disseminating any objectionable material to incite hatred or giving projection to any person convicted for a terrorist act or any proscribed organisation placed under observation or anyone concerned in terrorism”. At least, nine newspapers in Quetta have been facing cases for publishing the statements of outlawed groups for the last few years. The editors pleaded in the court that they were facing threats from these proscribed organisations if they refused to publish their statements. If found guilty under this law, the punishment is five years in jail.

The MPO, Sec. 6 is considered necessary to prevent or combat activity prejudicial to public order. This includes power to control publications, prohibit printing or publications.

PEMRA, supposed to be an independent body under the law, in reality, always acts in accordance with the wishes of the state and government of the day. There are at least six such clauses in the Pemra Act which are liable to be misused and meant to curb the electronic media.

Besides, the hidden powers can always use their influence and muscle power on the cable operators to pull any channels off air or shuffle their numbers in a bid to keep their transmission from easy surfing.

A recent notification by Pemra asked television channels to get prior approval from the ISPR in case they wanted to discuss security matters, or invite a defence analyst. Secondly, “if they invite retired officers to speak on political topics, they should address them as political analysts.” It is now learnt that the notification was withdrawn after sections of retired officers raised objections.

There are other laws as well which could be used against the media for ‘offences’ that fall under ‘obscenity’ Sections 292, 293 and 294 of CrPC. Interestingly, while the term obscenity is not defined.

In the last seven months, over 1,000 journalists and media workers have lost their jobs. Some media outlets closed down different operations and converted their main offices into bureaus.

 

I belong to a school of thought that believes in journalism with responsibility, strong professional editors for print and director news for television. Keeping in view how the said laws could be misinterpreted and misused, the Pakistan Federal Union of Journalists (PFUJ), in 2008, proposed a ‘Media Complaints Commission’, an independent forum to be headed by a retired Supreme Court Judge.

PFUJ has always been in favour of strong and effective defamation laws, instead of letting the state use its muscle against the media. Unfortunately, this is an era of corporate and social media in which the government and state have enhanced their control over the media. The voices of dissent are silenced on social media through laws like PECA and ‘undeclared’ censorship.

In the coming months we may see a new wave of terror against the media and journalists in different forms. The power to resist has weakened among journalists. There is division in their rank and file. There are ‘economic sanctions’ too, like reduction of salaries, change in the mode of employment from regular to contractual.

In the last seven months, over 1,000 journalists and media workers have lost their jobs. Some media outlets closed down different operations and converted their main offices into bureaus. The ‘newsrooms’ of many newspapers and TV channels have also shrunk. Post-2001 media saw tremendous growth, which in the last 18 years is said to have uplifted the economic conditions of some 30 percent journalists. All romance and glamour associated with the media is gone now.

Many journalists have switched to digital media, relying on their own individual voices. These are one-person institutions, which in some cases are exposed to risks and dangers. The media houses that once used to act like a ‘family’ where the editor would take ownership and responsibility of whatever was printed, have been replaced by corporate leaders who attach more importance to market returns rather than ethics, and need actors rather than journalists.

The government defends the changing trends in the media, and believes that almost 60 percent market has been captured by the digital media. No wonder the Federal Information Minister is keen on opening a digital media university. Yet, no one wants a ‘free’ or autonomous state-run national television and radio.

The laws to curb media and journalists exist despite the general growth and rise of media in Pakistan. Like good and bad terrorists, there are good and bad journalists in the eyes of the government. Those who fall in the ‘bad’ category are not invited to official briefings, particularly those related to sensitive security matters.Media muzzled

It is in this backdrop that six journalists, who in their individual capacity had replaced their profile photos on social media with Jamal Khashoggi during the visit of Saudi Crown Prince, are now facing an FIA inquiry on an official complaint from the Ministry of Interior. The prime minister holds the portfolio of Interior. When contacted, Director General FIA, Bashir Memon, confirmed that an inquiry is underway as they have received an official letter from the Ministry of Interior. “We are holding an inquiry under PECA,” he said. “Journalists will be asked to record their statement as the letter contains the text of their views on social media in this particular case.”

Jamal Khashoggi, a Middle East Eye and Washington Post correspondent, was murdered in Istanbul, in October, last year. Pakistan government had distanced itself from the whole episode while the PFUJ, affiliated with International Federation of Journalists (IFJ), had joined in the global protest.

The FIA has not officially summoned the journalists so far, or issued any further order but sources claim its cyber wing is monitoring their social media accounts. In other words, they are under ‘surveillance’. No less sinister is the FIR lodged against Shahzeb Jillani, senior journalist and executive producer of a news show on Dunya.

Ironically, PECA was passed a few years back with consensus but certain political parties that favoured the law are today protesting over the misuse of power by the Interior Ministry and FIA, especially against journalists and social media activists.

The Federal Information Minister Fawad Chaudhry is keen to bring the print, electronic, and digital media under control of one body called Pakistan Media Regulatory Authority, PMRA. If approved by the parliament, all forms of media will be controlled by the state although Chaudhry claims it will be an independent body whose members will be picked by the government.

When Musharraf imposed his ‘Emergency Plus’ on Nov 3, 2007, he also banned the electronic media against which PFUJ launched an 88-day movement. Not many people know that during that period the government even used the Ministry of Commerce to restrict the import of equipment used for reception, broadcast, and distribution of satellite signals pertaining to the field of electronic media. The purpose was to prohibit the viewers from using dish antennas during the ban on TV channels. An Import Policy Order was amended just to check the media under which prior NOC was required from PEMRA.

Late Zamir Niazi wrote four books on the plight of Pakistani media — Press in Chain, TheWeb of Censorship, The Press Under Siege and Fettered Freedom. I wonder if he was alive today, what would the title of his books look like — Media under Musharraf, and Curbs in Naya Pakistan.

The News

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SINDH Curbs on freedom of expression are deplorable: Tariq Khosa

KARACHI: Former inspector general of police (IGP) and former Federal Investigation Agency (FIA) director-general Tariq Khosa’s book ‘Inconvenient Truths’ was formally launched on Friday. The book was launched at a breakfast hosted by the Karachi Council on Foreign Relations (KCFR) at a local hotel. Khosa spoke about his book, which includes eye witness accounts of the hanging of former prime minister Zulfiqar Ali Bhutto and other political events. The author said that he has recommended a six-point strategy for reforms in police and state institutions.

Present on the occasion were Sindh Police chief IGP Dr Kaleem Imam, KCFR Chairperson Ikram Sehgal, KCFR Chief Executive Officer Commodore (Retd) Sadeed A Malik, KCFR Secretary General Dr Huma Baqai, Ameena Saiyad, Lieutenant General Moinuddin Haider, and other dignitaries and senior officers of police.

Speaking on the occasion, the author said that Pakistan has the best armed forces with nuclear deterrence. “The world has already seen our response to any eventuality on the borders. Now we should not feel insecure and become a trading nation,” he said.

Freedom of expression

Khosa was of the view that curbs on freedom of expression were deplorable. Social justice must be ensured as the state had no religion and should not interfere in religious practices by any minority, said the author.

Armed forces, judiciary, politicians and all other institutions should join hands and work for the prosperity of nation and country, he said. “State will have to end any type of support to militants and extremists,” said Khosa. He added that missing persons in Balochistan were now returning home which was a positive change.

Recalling the past, Khosa said that he had witnessed several events including the hanging of Zulfikar Ali Bhutto and the Akbar Bugti tragedy. “I never bowed down against illegal orders of superiors, even if they came from the president,” he said. The author stated that former chief of army staff General (Retd) Ashfaq Parvez Kayani changed the military doctrine which was carried on by former chief of army staff General (Retd) Raheel Sharif and now by the incumbent Chief of Army Staff General Qamar Javed Bajwa. “The civilian and armed forces leadership have decided to wipe out non-state actors which is a good sign,” said Khosa.

According to the author, Punjab is the centre of extremists and militants and it is to be seen what actions will be taken by the government. “Pakistan Tehreek-e-Insaf (PTI) has given a good role model in the form of Khyber Pakhtunkhwa police and they should be given credit,” said Khosa, adding that police should be made accountable but it must remain an autonomous force.

Police’s image

Dr Kaleem Imam said that the image of the police department was tarnished not by the cops but because of the lack of leadership. “We managers are responsible for the situation where no one is ready to trust the police,” he said. The IGP added that personalities like Tariq Khosa were role models for police officials.

“Police is always on the forefront while maintaining law and order situation and over 7,000 cops of this force are martyred in the line of duty,” he said. The IGP added that there was a need to enhance the capacity and skills of the police. “We have to ensure good policing,” said Dr Imam, adding that checks and balance were necessary for police officials but police managers would have to inculcate professionalism amongst them.

Dr Imam deplored that at present, everything was being run on an ad-hoc basis and every person wanted police to do policing as per their wish.

KCFR Chairperson Ikram Sehgal said that reforms were needed in the police department which would also bring more relief to the common citizen. He referred to the contents of the book and lauded the services of the author. Sehgal also presented the council crest to Khosa and Dr Imam.

Express Tribune

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SC asks govt to tolerate media’s criticism

ISLAMABAD   –    The Supreme Court on Wednesday said that neither it will curtail the right of freedom of expression nor it will stop the criticism, asking the federal government to tolerate media’s criticism.

Going a step further, Justice Sheikh Azmat Saeed observed that he will prefer the unfair criticism if the choice is given to opt between unfair criticism of media and no criticism at all.

Justice Saeed remarked this when Attorney General for Pakistan (AGP) Anwar Mansoor Khan drew attention of the five-judge larger bench towards current affairs programmes criticising the government for award of contract to one of the contractors namely DESCON, allegedly owned by Adviser to Prime Minister Abdul Razzaq Daud.

Justice Saeed was heading a five-judge larger bench which was hearing the case pertaining to funds for Diamer Bhasha and Mohmand Dams by the Government of Pakistan and progress of the Implementation Committee of Diamer Bhasha and Mohmand Dams (ICDBMD).

The other members of the bench include Justice Umar Ata Bandial, Justice Faisal Arab, Justice Ijazul Ahsan and Justice Munib Akhtar.

The AGP contended before the bench that top court’s January 9 order had ruled that this court will take action if media run any malicious campaign against the construction of dams. He further argued that the said orders were passed on a notice, which was issued to a female anchor of a private TV channel for airing baseless and false content.

The AGP further said that despite the orders, again an anchor did current affairs show on another private TV channel. He read the January 9 order and contended that it is this court which will punish the anchor.

However, Justice Saeed was not convinced and observed that it is freedom of expression. Justice Ahsan asked the AGP to place the content and let the PEMRA provide the clip of the programme.

Justice Saeed observed that there are three categories of this aspect, adding the first issue is freedom of expression, the second issue is publishing or airing an item without due diligence. “Then there is third issue that if it is a deliberate policy then the matter is completely different,” said Justice Saeed.

Justice Saeed remarked that if the matter falls within the third category then this court will examine otherwise it will not issue any directions against the TV channel.

“This court is not spokesperson of Federal Government or WAPDA,” Justice Ahsan observed and categorically told the federal government to make its own defence against such issues. Justice Arab also questioned the AGP as to whether the projects become impracticable if they are criticised.

But the AGP reiterated that the allegations were repeated on another TV channel with mala fide intentions.

“If there is choice of unfair criticism or no criticism, I will prefer unfair criticism,” observed Justice Saeed adding that he will even prefer unfair criticism also on this institution – the judiciary. “We have never been interfered through unfair criticism,” he said.

However, Justice Ahsan observed that some media workers are working as mouthpiece of others and trying to jeopardise the national project.

“I am not going to stop unfair criticism,” Justice Saeed observed though. “You must tolerate criticism of media, the way we (judiciary) do,” he added.

The bench questioned the federal government on the options for investments of donated fund for generating revenue and in order to keep its value maintain.

AGP recommended that the funds be submitted in government treasury in terms of Pakistan Investments Bonds. He also placed the long-term and short-term plan of investment.

The bench questioned as to whether the amount, invested in long term plan, will be returned in considerable figure if it is required after six months from the date of investment.

The bench was informed that the percentage will be less due to fluctuating market and volatile situation.  The bench was further informed that the only issue would be pre-mature withdrawal. “We are looking at the flexibility, security and good return,” observed Justice Ahsan.   Justice Bandial observed that the three-year plan is a good idea. The bench observed that it will issue the written order in this regard after due deliberation.

At the outset of the hearing, Barrister Saad Rasool submitted a progress report of ICDBM).

According to it, the preliminary works by WAPDA has been completed regarding Mohmand Dam including Geo-Tech Boring, River Gauging Station, Automatic Discharge Measurement, Automatic Weather Station, Project Office at Mardan and Katcha track to Dam site.

The procurement of works including the contractor mobilization of staff, labour and equipment has also been completed in March 2019 and Price Bid Evaluation Report was approved on February 22 this year while the letter of award issued to M/s CGGC-DESCON JV on March 7.

The report further stated that NOC for Chinese Nationals of the Contractor arranged from Ministry of Interior. Contract Agreement with the Contractor was signed on March 26 and it has started mobilising its manpower and detailed schedule of activities will be submitted after receipt from the Contractor within 28 days as per relevant clause of Contract.  Barrister Rasool informed the bench that these 28 days have not been completed yet.

When questioned about financial arrangements, Barrister Rasool quoted four sources and informed the total requirement of the project for Current Fiscal Year 2018-19 is Rs17 billion and this requirement will be met entirely through Public Sector Development Programme (PSDP) adding that the Ministry of Finance has approved said amount.

The other source is Local Commercial Financing wherein three banks HBL, MCB and UBL have provided comfort to WAPDA that required funds of Rs. 33 Billion will be made available within 3-4 months by opening a revolving credit facility that will be repaid by WAPDA issuing bond in the local market.  “Funds will be arranged as per draw down requirement of the project.”

The report regarding Foreign Commercial Financing states that the foreign currency requirement of the project is USD 714 Million. EAD is in advanced stage discussion with Asian Infrastructure Investment Bank to arrange approximately USD 500 Million to cater mainly the electro mechanical equipment.

A framework MoU has been signed between Pakistan and Saudi Fund for Development (SFD) to provide SR300 Million. Cabinet Division in its memo has conveyed that Water Resources Division will explore possibility of seeking Chinese financing in consultation with Finance, Economic Affairs and Planning Development and Reforms Division.

WAPDA equity is Rs29 Billion and the Authority is following up with CPPA-G for clearing outstanding power sale receivables on timely basis.

Regarding Diamer Basha Dam, the progress report stated that the Financial Arrangements is formulated on the same pattern as that of Mohmand Dam.

It stated that the average annual releases requirement from PSDP is Rs. 27 Billion. It added that the framework MoU has been signed between Pakistan and SFD to provide USD 100 million while USD 500 million is being arranged from international financial and capital market through Euro Bond issue.  Permission for raising USD 200 million through issuing Green Panda Bond has also been sought from government.

The total land required is 37,419 acres while 31,768 acres land has been acquired. Negotiations with tribes are underway for remaining land.

Justice Arab told the Chairman WAPDA that this land has to be purchased on certain prices. Justice Ahsan observed that this process has to be accelerated because the dispute will jeopardize the project in case it occurred after the construction of dam. Chairman WAPDA responded that the delay is only on part of tribes and they are deliberating among themselves about delimitation.

When Justice Bandial questioned about payment to foreign consultants, the bench was informed that though foreign consultants are involved but the leading job is of M/s NESPAK and they will be paid in Pakistani currency. Justice Bandial directed the officials to make sure that the consultants are of high ranks.

The Nation

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Ex-servicemen body supports Pemra’s restrictions

ISLAMABAD: The Pakistan Ex-Servicemen Society (PESS) has supported the Pakistan Electronic Media Regulatory Authority’s (Pemra) decision to impose restrictions on TV channels over inviting retired military officers to their talk shows and other programmes as defence analysts.

A statement issued by the PESS on Sunday said that the society distanced itself from a decision taken by the Ex-Servicemen Legal Forum to challenge in court the Pemra’s directives that retired officers take permission from the Inter-Services Public Relations (ISPR) before appearing on television.

Retired Lt Col Inamur Rahim Khawaja, convener of the Ex-Servicemen Legal Forum, told Dawn on Saturday that his group had decided to challenge the Pemra notification in the Islamabad High Court.

The PESS reiterated that the ISPR director general was the only voice of the armed forces. The decision was in national interest and the PESS stood behind it wholeheartedly, it added. According to the society, it has three million members.

The PESS disassociated itself from any ex-servicemen forum which did not agree with this decision. “Such forums/groups only wish to serve their own vested interest and that of their paymasters,” the statement said.

In a notification issued on Thursday, Pemra instructed all TV channels to seek prior clearance from the ISPR before inviting retired military officers on news and current affairs programmes “to solicit their views on matters of national security”.

The notification stated: “It has seriously been observed by the concerned quarters that retired military officers are frequently being invited in different news and current affairs programmes / talk shows as defence analysts to solicit their views / opinions on matters of national security and related affairs. Such invitees are usually not fully conversant with latest defence and security related developments due to their service background and post retirement time. Moreover, the discussion mostly switches from security-related matters to politics which inadvertently embroils military officers into political debate which is felt undesirable.”

The Forum is an association of retired army officers-turned-lawyers.

Mr Khawaja said that there were five associations and forums of retired officers and soldiers of the country’s armed forces and his Forum was one of them.

Dawn