M.A. No. 58 of 2015 [M/s Labbaik (Pvt.) Limited Versus Federation of Pakistan & Others]
The program “Aisay Nahin Chaley Ga” hosted and produced by Amir Liquat on the television channel Bol News broadcast episodes from 2nd January, 2017 to 24th January, 2017, wherein the host repeatedly made statements and allegations, which tantamount to hate speech, derogatory remarks, incitement to violence and casting accusation of being anti-state and anti Islam against various individuals of respectable repute.
On 16-9-2015, the Pakistan Electronic Media & Regulatory Authority (PEMRA) on the recommendations of the Council of Complaints ordered suspension of the broadcasting operations of the satellite channels of Bol Network against which the aforementioned Appeal was filed by the petitioner. However, during the pendency of the case, the Order dated 16.09.2015 was withdrawn by the Authority. Labbaik also filed a constitutional petition to prevent PEMRA from interfering in regular broadcasting operations of Bol Network.
On 26.01.2017, PEMRA on complaints of several individuals, issued a Prohibitory Order in relation to a programme titled as ““Aisay Nahin Chaley Ga” and issued a show cause notice, to Bol Network Authorities on 27.01.2017. The Prohibitory Order was challenged by Labbaik in the aforementioned Appeal before the Honourable High Court of Sindh, which was pleased to suspend the operation of the Prohibitory Order vide Order dated 27.01.2017. In view of such statements and allegations, individuals associated with RCCHR filed an Intervenor Application seeking to restrain the Appellants from broadcasting the aforementioned show. Labbaik filed an Application challenging the show cause notice and the Prohibitory Order before the Honourable High Court of Sindh, which vide Order dated 8.02.2017 suspended the operation of Prohibitory Order.
However the Suspension Order was obtained through misrepresentation of the Supreme Court Order. The Honourable Supreme Court held that the Appeal on withdrawal of order dated 16.09.2015 has become infructuous and vide Order dated 8.02.2017, made it clear that the program was to remain off air and that Labbaik should challenge the Prohibitory Order before PEMRA.
The Honourable High Court’s Order dated 8.02.2017, was challenged by PEMRA and in light of true facts and content of the Honourable Supreme Court’s Order, the High Court vide Order dated 10.02.2017, give effect to the Supreme Court Order.
Consequently, Labbaik with drew the petition and it was dismissed by Order dated 22.02.2017.
The following documents are available for viewing online:
1. Prohibitory Order dated 26.01.2017
2. Show Cause Notice dated 27.01.2017
3. Order dated 27.01.2017 of the Honourable High Court of Sindh
4. Order dated 8.02.2017 of the Honourable Supreme Court of Pakistan
5. Orders dated 8.02.2017, 10.02.2017 and 22.02.2017 of the Honourable High Court of Sindh