- Media cannot perform its functions freely in such a hostile atmosphere, says judgment authored by Justice Mandokhail
ISLAMABAD: The Supreme Court quashed on Tuesday an FIR registered against the news director of a private media channel in connection with a sedition case against former prime minister’s aide Shahbaz Gill for allegedly inciting rebellion within state institutions.
The petitioner, Ammad Yousaf, was implicated in the case as “during the investigation, on the pretext that as director…he conspired with the main accused for the commission of the alleged offences,” by airing the interview, noted the apex court in its judgment.
The verdict, authored by Justice Jamal Khan Mandokhail, held that in order to protect and promote such rights, the state must exercise its power and authority in accordance with the Constitution of Pakistan.
“Print and electronic media are the means of receiving and providing such information to and from the people. We have observed that upon exercise of such right, politically motivated FIRs are being registered for offences mentioned in Section 196 of the Code, mostly against politicians, political workers, media persons, and human rights activists, and in some cases against their family members as well.
“It is hard to believe that the chosen representatives of the people, political activists, right activists and media persons can indulge themselves in anti-State activities. The act of indulging its citizens in malicious and frivolous prosecution by the Government without any substance on the plea that the thoughts are anti-state, amounts to undermining the constitutional command and as such, depriving citizens from their fundamental rights of freedom of movement, assembly, speech, and right to information.
“Such misuse of authority creates a sense of fear and insecurity in the society, which results into hatred against the State’s institutions. When citizens are put in fear, they cannot perform their functions freely, which amounts to preventing them from contributing towards the society in accordance with the Constitution, law and as per their conscience.
“In such a hostile atmosphere, the media cannot also perform its functions freely, rather it will undermine the freedom of speech, expression, and access to information of the citizens, as guaranteed by the Constitution, resulting into mistrust in the institutions. A democratic Government is considered to be by the people, of the people and for the people.
“It must, therefore, develop an atmosphere of tolerance, to promote political and social justice;
to create a habit of listening to healthy criticism, which is the beauty of democracy. Thus, the Government must accept the will of the people, instead of considering its critics and political opponents as enemy of the State, to avert hatred and mistrust of citizens upon the institutions, by refraining itself from misusing the power and authority and to avoid malicious, baseless and frivolous prosecution against its citizens,” noted the judgment.
