in the supreme court of pakistan · made public and be placed on the website of this court. mr....
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IN THE SUPREME COURT OF PAKISTAN (Appellate Jurisdiction)
Present: Mr. Justice Jawwad S. Khawaja Mr. Justice Khilji Arif Hussain Mr. Justice Ejaz Afzal Khan
CMA No.1674/13 in Constitution Petition No.105/2012 and Constitution Petition No.104/2012 & CMA-3464/12 AND Constitution Petition No.105/2012 alongwith CMA-3795/2012 & CMA-3798/2012 HRC No.23957-S/12 and Const. Petition No.53 of 2012
AND
Constitution Petition No.117 of 2012
Hamid Mir and another … Petitioner (s)
Versus Federation of Pakistan, etc. … Respondent (s) For the petitioner(s): M/s Hamid Mir and Absar Alam (both in person) For the petitioner(s): Dr. Tariq Hassan, ASC (In Const.P.53/12) For the petitioner(s): Mr. Taufiq Asif, ASC (In Const.P.104/12) Mian Gul Hassan Aurangzeb, ASC For the petitioner(s): Sheikh Ahsan ud Din, ASC (In Const.P.117/12) For respondent No.1: Raja Aamir Abbas, ASC
Mr. M. Azam, Additional Secretary. Mr. Nasir Jamal, DG Mr. Tahir Hassan, Director o/o Secretary.
Muhammad Azam (Press Information Officer) For Pak. Broadcasting Khawaja Tariq Sohail, ASC Association: For respondents 2-3: Mr. Hasnain Ibrahim Kazmi, ASC For respondent No.4-5: Nemo For respondent No.6: Nemo. For respondent No.7: Mr. Naveed Ihsan & Mr. Asif Hussain For respondent No.8: Nemo. For the Federation: Mr. Dil Muhammad Khan Alizai, DAG For the Province of KPK: Syed Arshad Hussain Shah, Addl. A.G.
Const.P.105/12, etc. 2
For respondent No.11 & Mr. Yasin Azad, ASC and Raja Muqsit Nawaz, ASC Value T.V.: Mr. Asad Kharal, Express TV. Mr. Arshad Sharif, Bureau Chief, DUNYA TV. Mr. Ghulam Nabi, President, Press Association SC. Mr. M. Hanif Awan, (CMA 3464/12)
For PFUJ: Mr. Riffat Qadri
For ECP: Mr. Abdul Rehman, Addl. DG Law.
For M/s Vision Network: Mr. Adnan Iqbal Chaudhry, ASC
For M/s AURORA: Nemo.
For Airwaves: Mr. Babar Bila, ASC
For Express TV: Nemo
For VIVE TV: Nemo.
For PTV: Mr. Shahid Mehmood Khokhar, ASC
For Punjab T.V.: Nemo.
For PEMRA: Syed Hasnain Ibrahim Kazmi, ASC
For Airways Media: Nemo.
For ARY: Nemo.
For Cable Operators: Dr. Amjad Hussain Bokhari, ASC
For Pakistan Broadcasters: Nemo.
(In CMA-3464/12): Mr. M. S. Khattak, AOR
For Indus Television: Mr. Tariq Ismail
Date of Hearing: 22.4.2013
ORDER Jawwad S. Khawaja, J.- We have heard this case at some length today. On 17.4.2013
and orders previous to that, we had sought the input of the Ministry of Information and
Broadcasting. In particular, we had asked the Ministry to file one list (List ‘A’) containing
itemized particulars of those expenditures by whatever name called, for which the Ministry
now does not claim privilege or secrecy although such privilege had been claimed in the
past. The Ministry has today filed list ‘A’ containing 282 items on which an amount of
Rs.1,77,988,450/- has been spent approximately. It is, therefore, ordered that this list ‘A’ be
made public and be placed on the website of this Court. Mr. Hasnain Ibrahim Kazmi, ASC
who represents PEMRA states that the list ‘A’ will also be placed on the PEMRA website.
2. List ‘B’ in respect of items on which privilege/secrecy is claimed has also been filed
in Court. This list contains 174 items on which a sum of Rs.8,68,13,633/- has been spent.
However, in respect of items covered in list ‘B’ the Ministry has today stated that although
Const.P.105/12, etc. 3
these items were not subjected to audit by the Auditor General of Pakistan, the Ministry
concedes that these expenditures are under the Constitution and the Auditor General’s
(Functions, Powers and Terms and Conditions of Service) Ordinance, 2001, liable to audit
by the Auditor General of Pakistan. We, therefore, direct that a senior functionary of the
office of the Auditor General of Pakistan should attend the Court on 25.4.2013 to inform the
Court about how long it would take to audit the items mentioned in list ‘B’. Appropriate
orders in respect of the items in list ‘B’ shall be passed on the next date of hearing. The
senior functionary of the Auditor General’s office should also inform the Court about the
time which may be required to undertake an audit of the past expenditures which have
escaped audit so far.
3. CMA No.2250/2013. This is an application filed by Raja Aamir Abbas learned
counsel representing the Ministry of Information and Broadcasting. It is alleged therein that
Mr. Hamid Mir one of the petitioners, while appearing in a talk show titled ‘Kal Tak’
hosted by Javed Chaudhry, used such language which the Ministry finds to be
objectionable as it amounts to an attempt to influence the proceedings in Constitution
Petition No. 105/2012 etc. Mr. Hamid Mir shall submit reply of this application before the
next date of hearing. List ‘B’ shall be sealed and the sealed cover shall be deposited with the
Registrar of this Court.
4. To come up on 25.4.2013.
5. Constitution Petition No. 104 of 2012. This Constitution petition shall be separated
from the Constitution Petition No. 105/2012 etc. and shall be listed for hearing on 13.5.2013.
Judge
Judge
Judge
Islamabad, the 22nd April, 2013. A. Rehman