INFORMATION PRESS – America’s International News Views Media – www.InformPress.com – USA
Zaid Hamid Petition Urges Pakistan Supreme Court To Order Treason Case Against SAFMA
IN THE SUPREME COURT OF PAKISTAN, ISLAMABAD
Constitutional Jurisdiction – Constitutional Petition No. /2012
Zaid Hamid
Petitioner:
Syed Zaid Zaman Hamid – [www.ZaidHamid.pk] – Founding President of an internationally recognized threat analysis consultancy and defence Think-Tank, “Brass Tacks”, House No. 686, Ammar Shaheed Road, opposite Askari-II Flats, Chaklala Scheme-III, Rawalpindi Cantt [Pakistan].
Versus
Respondents:
1. Ministry of Information, Government of Pakistan, through its Secretary, Pak Secretariat, Islamabad.
2. Ministry of Foreign Affairs, Government of Pakistan, through its Secretary, Constitution Avenue, Islamabad.
3. Chairman, Pakistan Electronic Media Regulatory Authority (PEMRA), Mauve Area G-8/1, Islamabad.
4. Ministry of Law, Government of Pakistan, through its Secretary, Pak Secretariat, Islamabad.
5. Director General, ISI, ISI Headquarters, Islamabad.
6. South Asian Free Media Association (SAFMA), 177-A, Shadman-II, Lahore. 4-B, Street 62, F-7/4, Islamabad.
7. Imtiaz Alam, Executive Director, Free Media Foundation (FMF)/SAFMA
8. Sirmed Manzoor, Member of SAFMA
9. Najam Sethi, FMF BoG Member & Member of SAFMA
10. Beena Sarwar, Member of SAFMA
11. Nusrat Javeed, Member of SAFMA
12. Khaled Ahmed, Director of SAMS of FMF/SAFMA
13. Marvi Sirmed, SAFMA Supporter
14. Ali Chishti, SAFMA Supporter
15. Hamid Mir, SAFMA Supporter
16. Hassan Nisar, SAFMA Supporter
17. Asma Jahangir, Advocate. Supporter of SAFMA and [Pro-India] Aman Ki Asha.
(Respondents No. 6 to 17 are Members of SAFMA; Members, Board of Governors (BoG) of FMF/SAFMA; or supporters/promoters of SAFMA, FMF and [Pro-India] Aman Ki Asha.
PETITION UNDER ARTICLE 184 (3) OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973
SAFMA
Humbly Sheweth:
1. That the following principles and questions of law of public importance need determination by this honorable Court in order to adjudicate with regard to instant constitutional petition:
A. It is a fact that Supreme Court of Pakistan under Article 184 (3) of the [Pakistan] Constitution has original jurisdiction, if it considers that a question of public importance with reference to the enforcement of any of Fundamental Rights conferred by Chapter 1 of Part 2 is involved and has the power to make any Order under Article 199 of the Constitution?
B. It is a fact that constitutional jurisdiction of superior courts can be invoked by a person as Pro Bona Publico, hence, petitioner is litigating in public interest for public good or for the welfare of the general public. Petitioner in public interest litigation can agitate relief on his behalf and also on behalf of the general public against various public functionaries on their failure to perform their duties relating to welfare of public at large, which they are bound to provide under the law? (PLD 2004, SC, 482)
C. It is a fact that the term “in the interest of the glory of Islam” as mentioned in Article 19 of the Constitution, which deals with the freedom of speech and expression, indicates that legislature has to impose certain restrictions in the interest of the glory of Islam?
D. It is a fact that legislature can lawfully impose restrictions on the freedom of speech and expression on the following grounds as described in the Article 19, i.e. in the interest of:
- Glory of Islam,
- Integrity, security or defence of Pakistan or any part thereof,
- Friendly relations with foreign States,
- Public order, decency or morality, or in relation to contempt of court, and finally,
- Commission of or incitement to an offence.
[Pakistan Constitution's Article 19: "Freedom of Speech, etc.
Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, (commission of) or incitement to an offence."]
E. It is a fact that the Constitution repeatedly mentions about the integrity, security and defence of Pakistan in Articles 10 (4), 10 (7) proviso, 62 (G) and 63 (G), that speaks volume that how much significance / importance it gives to the aforementioned concepts?
F. It is a fact that bare readings of Articles 2, 2A, 62 (D,E,F and G) 203C, 227, 228, 229 and 230 are indicative of the reality that they are reflection of “Ideology of Pakistan”, based on Two Nations Theory and glory of Islam?
G. It is a fact that if someone violates freedom of speech and expressions and collaborates through unconstitutional means – such as violating reasonable restrictions imposed by the Constitution (Article 19) and Law (PEMRA Ordinance) in the interest of glory of Islam or the integrity, security or defence of Pakistan – to either subvert or conspire to subvert the Constitution, thus he commits High Treason punishable under Article 6 of the Constitution, read with High Treason (Punishment Act), 1973?
H. It is a fact that courts have upheld the authority of statutes passed by legislature in order to prevent the overthrowing of government by violent means, i.e. act of anarchy, statute making crimes the advocacy of insubordination in the armed forces, seditious acts, statute requiring registration of organization deem to be subversive and regulating their acts, the laws relating to defence and security of the country, regulatory laws regarding media both electronic and print, and contempt of court laws to regulate a peaceful and orderly proceedings of the court, thus the said laws are not violative of Article 17, 18 and 19 of the Constitution?
I. It is a fact that after 8th Amendment which was inserted in the body of the Constitution under President Order No. 14 of 1985, Article 2-A was added and Objectives Resolution was made substantive part of the Constitution, thus, it became the grund norm or touch stone of the Constitution?
J. It is a fact that some of the relevant terms and conditions for issuance of a license by PEMRA u/s 20 of PEMRA Ordinance, 2002, are as under, which are relevant in the context of present petition:
i. To ensure preservation of sovereignty, security and integrity of Islamic Republic of Pakistan.
ii. To ensure preservation of national culture, social and religious values and the principles of public policy as enshrined in the Constitution of Islamic Republic of Pakistan.
iii. To ensure that all programmes and advertisements do not contain or encourage violence, terrorism, retrial, ethnic or religious discrimination, sectarianism, extremism, militancy, hatred, pornography, obscenity, vulgarity or other material offensive to commonly accepted standards of disunity.
iv. To ensure that no anchor-person, no moderator or no host propagate any opinion or act in any manner prejudicial to the Ideology of Pakistan or sovereignty, integrity, security of Pakistan.
v. Not broadcast anything which defames or brings into ridicule the head of state, or members of the armed forces, or executive, legislative or judicial organs of the state.
K. It is a fact that PEMRA, by a written order giving reason, is authorized to prohibit any broadcast media [TV, radio, website, blog, etc.] or distribution service operator or owner from broadcasting or rebroadcasting or distributing any programme or advertisement if it is of the opinion that such particular programme or advertisement is against the Ideology of Pakistan, or is likely to create hatred among the people, or is prejudicial to the maintenance of law and order, or is likely to disturb public peace and tranquility, or put in danger national security, or is pornographic, obscene or vulgar, or is offensive to the commonly accepted standards of decency?
L. It is a fact that Pakistan is in a state of existential war, under attack from multiple axis. The objective of this war is to balkanize the country on the pattern of Yugoslavia?
M. It is a fact that to achieve this sinister end, enemies have deployed multiple war strategies against the state and the people of Pakistan?
N. It is a fact that there is a war to balkanize nations without directly getting involved in high intensity wars. Yugoslavia was broken down in just 3 years through a massive 4 generation war. Today, the entire Middle East (Yemen, Egypt, Libya and now Syria [and Iran]) is being subjected to this kind of warfare for the 21st [American] century. Pakistan is under this [American, Canadian, Israeli, British, European, Australian, Indian, NATO-ISAF] war for the last 10 years now?
O. It is a fact that a massive high intensity war is being waged within the country between various insurgent groups and through separatists, terrorism, bombings, ethnic cleansing, inter-provincial disputes, water wars, etc.; an economic collapse, financial corruption, bad governance and nepotism, and clash between the State organs to stall the functions of the State; creating artificial crises of power, gas, electricity, energy and social services to facilitate national disintegration and collapse; information and propaganda war to spread despondency, hopelessness, frustration, anger, rage and to dilute the ideology which unites the [Pakistani] nation; and covering the hostile acts of the enemies through media and propaganda campaigns. All these aforementioned strategies are being evolved to disintegrate Pakistan from within?
P. It is a fact that Pakistan is facing an existential war for its survival today because of treacherous role of some elements within Pakistani media and especially the group called SAFMA [South Asian Free Media Association] working under the umbrella of Free Media Foundation [FMF]?
Q. It is a fact that a massive information and propaganda war – being led and waged by SAFMA and their like-minded so-called analysts, journalists and anchor-persons – is part of the Fourth Generation War (4GW), Af-Pak and Cold Start War doctrines to soften the state and its ideology and is being waged against Pakistan to assure the collapse of the state, ideology, national unity, Islam and the national security. It is clear that a massive amount of resources have been pumped into this sinister campaign to implode and destroy the state form within, using the national media in a dubious manner?
R. It is a fact that the objective of information and media war is to dilute Islamic Ideology and Pakistan. Present Pakistan as a secular state, Quaid-e-Azam [Mohammad Ali Jinnah] as a secular and liberal leader, remove [Allama Muhammad] Iqbal from intellectual and academic discourse, humiliate Iqbal to lower his worth, attack Two Nation Theory and prove that Pakistan should be more closer to Hindus than the Muslim World, attack the Islamic Clauses of the Constitution, attack the Objective Resolution, and spread Hindu media, mythology and ideology into Pakistan through all media, advertisements and programmes under the brand names of Free Media [SAFMA] and “Aman Ki Asha”?
S. It is a fact that attacking the armed forces of Pakistan and ISI is to demoralize the security organs and to create a gulf between the nation and its armed forces?
T. It is a fact that SAFMA is creating moral and social anarchy through filthy Indian media, secular or Hindu ideology, vulgarity, and Hindu culture is spreading immoral values repugnant of Islamic and local cultures?
U. Any other law point which may be taken up at the time of arguments.
2. That the following facts are relevant in order to determine and decide questions of law and public importance as enumerated in para 1 of instant petition by this august Court:
A. That the petitioner [Syed Zaid Zaman Hamid] is an internationally known security, defence and threat perception analyst, and runs a Think-Tank called Brass Tacks, whose defence and threat perception studies are widely circulated, read and acknowledged by friendly countries, national and international media, and national security organization like Pak armed forces and intelligence agencies. The Royal Islamic Strategic Studies Centre of Jordan declared him [Mr. Zaid Hamid] in 2010 and 2011 as one of the 500 Most Influential Muslims living in the world today. His Think-Tank on monthly basis publishes a magazine called “BrassTacks” – Monthly Security Review. The DVDs containing his television interviews and his talks to various institutions are widely distributed and listened to by all segments of the society, including the armed forces. He has very actively worked in Afghan Jehad from 1986 to 1992 and wrote an internationally known book titled “From Indus to Oxus”, which are his memoirs, experiences, observations and travels in the melting pot of history. In short, he is a widely acclaimed international intellectual, scholar and defence analyst.
B. That journalists, analysts, anchor-persons, moderators, supporters and promoters like Imtiaz Alam, Sirmed Manzoor, Najam Sethi, Beena Sarwar, Nusrat Javeed, Khaled Ahmed, Hasan Nisar, Hamid Mir, Ali Chishti, Marvi Sirmed, Asma Jahangir, etc., have done great damage to the Ideology of Pakistan, spirit of Objectives Resolution and Islamic clauses of the Constitution. They have tried to project Quaid-e-Azam as a secular leader, deliberately lowered the image of Allama Iqbal, aggressively attacked the fair image of armed forces of the country and ISI, propagated inter-provisional disharmony, tug of war and sectarian hatred, thus deliberately created despondency and disunity among the toiling teeming millions of people of Pakistan in every nook and corner of the country. Their statements, write-ups and talk shows are attached here with this petition as ready references.
C. That Pakistan is an ideological Islamic State created on the basis of Two Nations Theory to be made a homeland for Muslims of the [South Asian] sub-continent to live and carve their lives according to the Quran and Sunnah and teachings of Islam individually and collectively. Five million Muslims sacrificed their lives and over 10 million left their homes and hearth to migrate to Pakistan to create this sacred Islamic land as an Islamic State for Muslims. Quaid-e-Azam wished Pakistan to be an Islamic State and Allama Iqbal is the visionary philosopher and the spiritual mentor of Quaid-e-Azam, who envisioned this sacred land for Islam and Muslims, as a launching pad to establish commonwealth of the Muslim Nation [of Islam].
D. That the basis of Pakistan is neither language nationalism, nor cultural nationalism nor geographical nationalism. Had it been so, then Punjab should not have been divided and then Bengal should not have been divided, because in Punjab Barkat Ali, Barkat Singh and Barkat Ram spoke the same language Punjabi; they had same culture – Bulleh Shah, Waris Shah and Jugni; and they lived in the same geographical contiguity, yet Punjab and Bengal were divided. That means that basis of Pakistan is neither language nor cultural nor geographical, but in fact basis of Pakistan was Muslim Nationalism based on Islamic Ideology.
E. That our elders passed the Objectives Resolution on 7 March 1949 to set the ideological bearings of this state and to make the future Constitution and municipal laws according to the Quran and Sunnah. Objectives Resolution is now part of our Constitution as Article 2-A and was added through 8th Amendment in 1985. There are Islamic provisions in our Constitution which make it clear that no law in Pakistan can be made in violation of the Quran and Sunnah, keeping in view the provisions of Article 227 and Articles 62, 63 give clear direction for electing of members of Parliament, and rulers that are non-practicing “Muslims” cannot even enter in the Parliament or state offices.
F. That it is against Pakistan’s Constitution and is a crime in Pakistan penal code as well as in PEMRA Act and Rules to attack and distort the Islamic Ideology of Pakistan, as envisaged in Article 2-A of the Constitution. Attacking the Two Nations Theory, Objectives Resolution and Islamic character of the state, and attacking and humiliating the armed forces of Pakistan and its founding father – attacking internationally prestigious intelligence agency such as ISI and armed forces – is an offence severely punishable under the penal laws of the country.
G. That our enemies, especially India, have always been waging a war against the state of Pakistan. In 1971, they attacked East Pakistan, supported insurgencies, spread lies and disinformation, and worked hard to dilute the Two Nations Theory by promoting provincial hatred resulting in breakup of Pakistan. [Indian-Hindu ex-PM] Indira Gandhi took pride not in the military victory, but in the fact that they had dismantled the Ideological Pillar of Pakistan, the “Two Nations Theory”. She said in her victory celebrations that “today, the Indians have drowned the Two Nations Theory into the Bay of Bengal”. Our enemies know that if the Ideology of Pakistan is destroyed, the entire State of Pakistan will then automatically crumble and cease to exist. Hence, the ideology, Islamic character and Islamic clauses of the Constitution of Pakistan are always most vehemently attacked by the Indians and their paid agents with a view to destabilize the state of Pakistan.
H. That today, Pakistan is passing through the most critical phase of its history after the 1971 crises. The country is already in a state of war and Pak Army and the people have already given a sacrifice of over 100,000 shohada [martyred] and wounded in this American imposed war. The American presence in Afghanistan has allowed the Indians to support multiple insurgencies and wars in Pakistani tribal areas, Balochistan and in Urban areas. Pakistan Army and Government are on record saying that these insurgencies are getting covert and clandestine support from foreign powers and Zionist-Indian nexus. US Government is preparing grounds for an intervention in Balochistan, and great national security threats like the “Memo Scandal” have come to surface, which has created a grave and unprecedented clash within the State organs weakening the State tremendously from within. Pakistan is being softened up for an invasion under US-led Af-Pak and Indian-led Cold Start War Military Doctrine, and a 4th Generation War is already upon Pakistan where urban gangs, economic collapse and insurgencies are tearing the very fabric of the State and the nation beyond repair.
I. That in these most critical and dangerous times of national crises and war, South Asian Free Media Association (SAFMA) and its supporters/sympathizers are acting as the “fifth column of the enemies” within Pakistani media. SAFMA are “ideological terrorists” whose prime responsibility is to attack and destroy the Two Nations Theory, Islamic Ideology, Islamic provisions of the Constitution and Objectives Resolution on behalf of the Indian intelligence and its Establishment, and to “Hinduize” Pakistani society under its “soft war” through media and information warfare. SAFMA is packed with so-called secular journalists, who are projecting the father of the nation as a secular leader, saying publically that there is no such thing as Ideology of Pakistan or Pakistan Resolution and aggressively attacking the Two Nations Theory. SAFMA-connected media is destroying Pakistan from within through massive information warfare, attacking the Army and the ISI, and spreading the hatred between provinces and thus inculcating despondency among the people in every look and corner of the country through powerful media.
J. That SAFMA is also responsible for promoting the political, diplomatic and security agenda of Indian Government in Pakistan. Particularly, the stance of SAFMA on all security issues is to promote and extend the agenda of Indian Government. On Kashmir, Balochistan, terrorism, Pakistan Army and ISI, and “secularism” just to name the few where SAFMA’s stance severely damages Pakistan, Pakistan Army, the national security apparatus and defence interests.
K. That none of the actions of SAFMA have ever created crisis for the Indian Government, RAW or the Indian Army, although it operates on both side of the international border. All those incidents and events where Muslims are being suppressed or Indian State or Hindu extremists are involved in terrorism in Pakistan, SAFMA remains silent or takes the side of the Indian Government on subjects such as Kashmir, TTP and BLA violence, Samjotha Express, Mumbai attacks, to name a few.
L. That many of the most senior and patriotic analysts of Pakistan have raised serious objections over the objectives and agenda of SAFMA in Pakistan. Pakistan’s national security apparatus treat SAFMA as hostile enemy entity and SAFMA have themselves acknowledged that ISI raids their houses and calls them enemies.
M. That SAFMA was established in 2000 about 12 years ago, but till 2010 it had not made their funding/financial reports and audit reports public despite spending billions in massive programmes, lavish parties and cross-border visits with hundreds of people traveling and lodging in luxury hotels. It should be noted that SAFMA is a covert operation of Indian Establishment and RAW, and such operations rarely have any audited bank statements, hence depend upon secret funding, briefcases and envelopes. The lavish SAFMA lifestyles and spending are serious circumstantial evidences to their secret foreign founding.
N. That SAFMA is a security threat organization which has exploited the moment to wage an information and media war against the Islamic Republic of Pakistan. According to the national laws, Constitution and the PEMRA Rules, SAFMA and its members should be tried for High treason against the State, for attacking and violating the Islamic character of the nation, and for extending the agenda of a hostile state against Pakistan’s national security interests and armed forces, and it must be banned from operating in Pakistan under any [old or] new name, either in individual capacity or as an organization, and severe punishment should be awarded to the SAFMA and its members for acting as fifth columnists against the Islamic Republic of Pakistan in these times of war, unrest and regional insecurity.
O. That the petitioner [Mr. Zaid Hamid] reserves his right to submit additional documents/evidences if and when so required.
In the light of what has been stated above, it is most humbly prayed that in the larger interest of integrity, solidarity and unity of Pakistan, the Government of Pakistan through its relevant ministries mentioned above in the memo of the parties and Chairman PEMRA may graciously be directed to take cognizance of their (Respondents No. 6 to 17) nefarious activities as detailed above, in the body of instant petition, and take action against the respondents No. 6 to 17 in accordance with Section 27 of Pakistan Electronic Media Regulatory Authority [PEMRA] Ordinance, 2002, prohibiting their broadcast on electronic media as a guest, anchor-person or moderator. It is further prayed that since Respondents No. 6 to 17 are guilty of subversion of the [Pakistan] Constitution; therefore, the Government of Pakistan may be directed to lodge a FIR [First Information Police Report] against them (Respondents No. 6 to 17), so that they are tried / prosecuted and punished in accordance with High Treason (Punishment) Act, 1973, and under Article 6 of the [Pakistan] Constitution. Any other relief may also be ordered, which this august Court may deem appropriate, keeping in view the circumstances of instant petition.
Drawn By: Sahibzada Ahmad Raza Khan Qasuri
Senior Advocate
Supreme Court of Pakistan
64 Gomal Road, E-7, Islamabad [Pakistan]
Telephone No. 051-265-4761-2
Mobile Phone No. 0300-955-8217
Filed By: Ejaz Muhammad Khan
Advocate-on-Record
Supreme Court of Pakistan
© Copyright: Information Press – www.InformPress.com – USA
![I keep holding on [Explored]](http://static.flickr.com/7097/7309045590_eb4be7eaca_t.jpg "I keep holding on [Explored]")
Zaid Hamid 1
Apr 1
Posted by Inform Press
INFORMATION PRESS – America’s International News Views Media – www.InformPress.com – USA
Zaid Hamid Petition Urges Pakistan Supreme Court To Order Treason Case Against SAFMA
IN THE SUPREME COURT OF PAKISTAN, ISLAMABAD
Constitutional Jurisdiction – Constitutional Petition No. /2012
Zaid Hamid
Petitioner:
Syed Zaid Zaman Hamid – [www.ZaidHamid.pk] – Founding President of an internationally recognized threat analysis consultancy and defence Think-Tank, “Brass Tacks”, House No. 686, Ammar Shaheed Road, opposite Askari-II Flats, Chaklala Scheme-III, Rawalpindi Cantt [Pakistan].
Versus
Respondents:
1. Ministry of Information, Government of Pakistan, through its Secretary, Pak Secretariat, Islamabad.
2. Ministry of Foreign Affairs, Government of Pakistan, through its Secretary, Constitution Avenue, Islamabad.
3. Chairman, Pakistan Electronic Media Regulatory Authority (PEMRA), Mauve Area G-8/1, Islamabad.
4. Ministry of Law, Government of Pakistan, through its Secretary, Pak Secretariat, Islamabad.
5. Director General, ISI, ISI Headquarters, Islamabad.
6. South Asian Free Media Association (SAFMA), 177-A, Shadman-II, Lahore. 4-B, Street 62, F-7/4, Islamabad.
7. Imtiaz Alam, Executive Director, Free Media Foundation (FMF)/SAFMA
8. Sirmed Manzoor, Member of SAFMA
9. Najam Sethi, FMF BoG Member & Member of SAFMA
10. Beena Sarwar, Member of SAFMA
11. Nusrat Javeed, Member of SAFMA
12. Khaled Ahmed, Director of SAMS of FMF/SAFMA
13. Marvi Sirmed, SAFMA Supporter
14. Ali Chishti, SAFMA Supporter
15. Hamid Mir, SAFMA Supporter
16. Hassan Nisar, SAFMA Supporter
17. Asma Jahangir, Advocate. Supporter of SAFMA and [Pro-India] Aman Ki Asha.
(Respondents No. 6 to 17 are Members of SAFMA; Members, Board of Governors (BoG) of FMF/SAFMA; or supporters/promoters of SAFMA, FMF and [Pro-India] Aman Ki Asha.
PETITION UNDER ARTICLE 184 (3) OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973
SAFMA
Humbly Sheweth:
1. That the following principles and questions of law of public importance need determination by this honorable Court in order to adjudicate with regard to instant constitutional petition:
A. It is a fact that Supreme Court of Pakistan under Article 184 (3) of the [Pakistan] Constitution has original jurisdiction, if it considers that a question of public importance with reference to the enforcement of any of Fundamental Rights conferred by Chapter 1 of Part 2 is involved and has the power to make any Order under Article 199 of the Constitution?
B. It is a fact that constitutional jurisdiction of superior courts can be invoked by a person as Pro Bona Publico, hence, petitioner is litigating in public interest for public good or for the welfare of the general public. Petitioner in public interest litigation can agitate relief on his behalf and also on behalf of the general public against various public functionaries on their failure to perform their duties relating to welfare of public at large, which they are bound to provide under the law? (PLD 2004, SC, 482)
C. It is a fact that the term “in the interest of the glory of Islam” as mentioned in Article 19 of the Constitution, which deals with the freedom of speech and expression, indicates that legislature has to impose certain restrictions in the interest of the glory of Islam?
D. It is a fact that legislature can lawfully impose restrictions on the freedom of speech and expression on the following grounds as described in the Article 19, i.e. in the interest of:
- Glory of Islam,
- Integrity, security or defence of Pakistan or any part thereof,
- Friendly relations with foreign States,
- Public order, decency or morality, or in relation to contempt of court, and finally,
- Commission of or incitement to an offence.
[Pakistan Constitution's Article 19: "Freedom of Speech, etc.
Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, (commission of) or incitement to an offence."]
E. It is a fact that the Constitution repeatedly mentions about the integrity, security and defence of Pakistan in Articles 10 (4), 10 (7) proviso, 62 (G) and 63 (G), that speaks volume that how much significance / importance it gives to the aforementioned concepts?
F. It is a fact that bare readings of Articles 2, 2A, 62 (D,E,F and G) 203C, 227, 228, 229 and 230 are indicative of the reality that they are reflection of “Ideology of Pakistan”, based on Two Nations Theory and glory of Islam?
G. It is a fact that if someone violates freedom of speech and expressions and collaborates through unconstitutional means – such as violating reasonable restrictions imposed by the Constitution (Article 19) and Law (PEMRA Ordinance) in the interest of glory of Islam or the integrity, security or defence of Pakistan – to either subvert or conspire to subvert the Constitution, thus he commits High Treason punishable under Article 6 of the Constitution, read with High Treason (Punishment Act), 1973?
H. It is a fact that courts have upheld the authority of statutes passed by legislature in order to prevent the overthrowing of government by violent means, i.e. act of anarchy, statute making crimes the advocacy of insubordination in the armed forces, seditious acts, statute requiring registration of organization deem to be subversive and regulating their acts, the laws relating to defence and security of the country, regulatory laws regarding media both electronic and print, and contempt of court laws to regulate a peaceful and orderly proceedings of the court, thus the said laws are not violative of Article 17, 18 and 19 of the Constitution?
I. It is a fact that after 8th Amendment which was inserted in the body of the Constitution under President Order No. 14 of 1985, Article 2-A was added and Objectives Resolution was made substantive part of the Constitution, thus, it became the grund norm or touch stone of the Constitution?
J. It is a fact that some of the relevant terms and conditions for issuance of a license by PEMRA u/s 20 of PEMRA Ordinance, 2002, are as under, which are relevant in the context of present petition:
i. To ensure preservation of sovereignty, security and integrity of Islamic Republic of Pakistan.
ii. To ensure preservation of national culture, social and religious values and the principles of public policy as enshrined in the Constitution of Islamic Republic of Pakistan.
iii. To ensure that all programmes and advertisements do not contain or encourage violence, terrorism, retrial, ethnic or religious discrimination, sectarianism, extremism, militancy, hatred, pornography, obscenity, vulgarity or other material offensive to commonly accepted standards of disunity.
iv. To ensure that no anchor-person, no moderator or no host propagate any opinion or act in any manner prejudicial to the Ideology of Pakistan or sovereignty, integrity, security of Pakistan.
v. Not broadcast anything which defames or brings into ridicule the head of state, or members of the armed forces, or executive, legislative or judicial organs of the state.
K. It is a fact that PEMRA, by a written order giving reason, is authorized to prohibit any broadcast media [TV, radio, website, blog, etc.] or distribution service operator or owner from broadcasting or rebroadcasting or distributing any programme or advertisement if it is of the opinion that such particular programme or advertisement is against the Ideology of Pakistan, or is likely to create hatred among the people, or is prejudicial to the maintenance of law and order, or is likely to disturb public peace and tranquility, or put in danger national security, or is pornographic, obscene or vulgar, or is offensive to the commonly accepted standards of decency?
L. It is a fact that Pakistan is in a state of existential war, under attack from multiple axis. The objective of this war is to balkanize the country on the pattern of Yugoslavia?
M. It is a fact that to achieve this sinister end, enemies have deployed multiple war strategies against the state and the people of Pakistan?
N. It is a fact that there is a war to balkanize nations without directly getting involved in high intensity wars. Yugoslavia was broken down in just 3 years through a massive 4 generation war. Today, the entire Middle East (Yemen, Egypt, Libya and now Syria [and Iran]) is being subjected to this kind of warfare for the 21st [American] century. Pakistan is under this [American, Canadian, Israeli, British, European, Australian, Indian, NATO-ISAF] war for the last 10 years now?
O. It is a fact that a massive high intensity war is being waged within the country between various insurgent groups and through separatists, terrorism, bombings, ethnic cleansing, inter-provincial disputes, water wars, etc.; an economic collapse, financial corruption, bad governance and nepotism, and clash between the State organs to stall the functions of the State; creating artificial crises of power, gas, electricity, energy and social services to facilitate national disintegration and collapse; information and propaganda war to spread despondency, hopelessness, frustration, anger, rage and to dilute the ideology which unites the [Pakistani] nation; and covering the hostile acts of the enemies through media and propaganda campaigns. All these aforementioned strategies are being evolved to disintegrate Pakistan from within?
P. It is a fact that Pakistan is facing an existential war for its survival today because of treacherous role of some elements within Pakistani media and especially the group called SAFMA [South Asian Free Media Association] working under the umbrella of Free Media Foundation [FMF]?
Q. It is a fact that a massive information and propaganda war – being led and waged by SAFMA and their like-minded so-called analysts, journalists and anchor-persons – is part of the Fourth Generation War (4GW), Af-Pak and Cold Start War doctrines to soften the state and its ideology and is being waged against Pakistan to assure the collapse of the state, ideology, national unity, Islam and the national security. It is clear that a massive amount of resources have been pumped into this sinister campaign to implode and destroy the state form within, using the national media in a dubious manner?
R. It is a fact that the objective of information and media war is to dilute Islamic Ideology and Pakistan. Present Pakistan as a secular state, Quaid-e-Azam [Mohammad Ali Jinnah] as a secular and liberal leader, remove [Allama Muhammad] Iqbal from intellectual and academic discourse, humiliate Iqbal to lower his worth, attack Two Nation Theory and prove that Pakistan should be more closer to Hindus than the Muslim World, attack the Islamic Clauses of the Constitution, attack the Objective Resolution, and spread Hindu media, mythology and ideology into Pakistan through all media, advertisements and programmes under the brand names of Free Media [SAFMA] and “Aman Ki Asha”?
S. It is a fact that attacking the armed forces of Pakistan and ISI is to demoralize the security organs and to create a gulf between the nation and its armed forces?
T. It is a fact that SAFMA is creating moral and social anarchy through filthy Indian media, secular or Hindu ideology, vulgarity, and Hindu culture is spreading immoral values repugnant of Islamic and local cultures?
U. Any other law point which may be taken up at the time of arguments.
2. That the following facts are relevant in order to determine and decide questions of law and public importance as enumerated in para 1 of instant petition by this august Court:
A. That the petitioner [Syed Zaid Zaman Hamid] is an internationally known security, defence and threat perception analyst, and runs a Think-Tank called Brass Tacks, whose defence and threat perception studies are widely circulated, read and acknowledged by friendly countries, national and international media, and national security organization like Pak armed forces and intelligence agencies. The Royal Islamic Strategic Studies Centre of Jordan declared him [Mr. Zaid Hamid] in 2010 and 2011 as one of the 500 Most Influential Muslims living in the world today. His Think-Tank on monthly basis publishes a magazine called “BrassTacks” – Monthly Security Review. The DVDs containing his television interviews and his talks to various institutions are widely distributed and listened to by all segments of the society, including the armed forces. He has very actively worked in Afghan Jehad from 1986 to 1992 and wrote an internationally known book titled “From Indus to Oxus”, which are his memoirs, experiences, observations and travels in the melting pot of history. In short, he is a widely acclaimed international intellectual, scholar and defence analyst.
B. That journalists, analysts, anchor-persons, moderators, supporters and promoters like Imtiaz Alam, Sirmed Manzoor, Najam Sethi, Beena Sarwar, Nusrat Javeed, Khaled Ahmed, Hasan Nisar, Hamid Mir, Ali Chishti, Marvi Sirmed, Asma Jahangir, etc., have done great damage to the Ideology of Pakistan, spirit of Objectives Resolution and Islamic clauses of the Constitution. They have tried to project Quaid-e-Azam as a secular leader, deliberately lowered the image of Allama Iqbal, aggressively attacked the fair image of armed forces of the country and ISI, propagated inter-provisional disharmony, tug of war and sectarian hatred, thus deliberately created despondency and disunity among the toiling teeming millions of people of Pakistan in every nook and corner of the country. Their statements, write-ups and talk shows are attached here with this petition as ready references.
C. That Pakistan is an ideological Islamic State created on the basis of Two Nations Theory to be made a homeland for Muslims of the [South Asian] sub-continent to live and carve their lives according to the Quran and Sunnah and teachings of Islam individually and collectively. Five million Muslims sacrificed their lives and over 10 million left their homes and hearth to migrate to Pakistan to create this sacred Islamic land as an Islamic State for Muslims. Quaid-e-Azam wished Pakistan to be an Islamic State and Allama Iqbal is the visionary philosopher and the spiritual mentor of Quaid-e-Azam, who envisioned this sacred land for Islam and Muslims, as a launching pad to establish commonwealth of the Muslim Nation [of Islam].
D. That the basis of Pakistan is neither language nationalism, nor cultural nationalism nor geographical nationalism. Had it been so, then Punjab should not have been divided and then Bengal should not have been divided, because in Punjab Barkat Ali, Barkat Singh and Barkat Ram spoke the same language Punjabi; they had same culture – Bulleh Shah, Waris Shah and Jugni; and they lived in the same geographical contiguity, yet Punjab and Bengal were divided. That means that basis of Pakistan is neither language nor cultural nor geographical, but in fact basis of Pakistan was Muslim Nationalism based on Islamic Ideology.
E. That our elders passed the Objectives Resolution on 7 March 1949 to set the ideological bearings of this state and to make the future Constitution and municipal laws according to the Quran and Sunnah. Objectives Resolution is now part of our Constitution as Article 2-A and was added through 8th Amendment in 1985. There are Islamic provisions in our Constitution which make it clear that no law in Pakistan can be made in violation of the Quran and Sunnah, keeping in view the provisions of Article 227 and Articles 62, 63 give clear direction for electing of members of Parliament, and rulers that are non-practicing “Muslims” cannot even enter in the Parliament or state offices.
F. That it is against Pakistan’s Constitution and is a crime in Pakistan penal code as well as in PEMRA Act and Rules to attack and distort the Islamic Ideology of Pakistan, as envisaged in Article 2-A of the Constitution. Attacking the Two Nations Theory, Objectives Resolution and Islamic character of the state, and attacking and humiliating the armed forces of Pakistan and its founding father – attacking internationally prestigious intelligence agency such as ISI and armed forces – is an offence severely punishable under the penal laws of the country.
G. That our enemies, especially India, have always been waging a war against the state of Pakistan. In 1971, they attacked East Pakistan, supported insurgencies, spread lies and disinformation, and worked hard to dilute the Two Nations Theory by promoting provincial hatred resulting in breakup of Pakistan. [Indian-Hindu ex-PM] Indira Gandhi took pride not in the military victory, but in the fact that they had dismantled the Ideological Pillar of Pakistan, the “Two Nations Theory”. She said in her victory celebrations that “today, the Indians have drowned the Two Nations Theory into the Bay of Bengal”. Our enemies know that if the Ideology of Pakistan is destroyed, the entire State of Pakistan will then automatically crumble and cease to exist. Hence, the ideology, Islamic character and Islamic clauses of the Constitution of Pakistan are always most vehemently attacked by the Indians and their paid agents with a view to destabilize the state of Pakistan.
H. That today, Pakistan is passing through the most critical phase of its history after the 1971 crises. The country is already in a state of war and Pak Army and the people have already given a sacrifice of over 100,000 shohada [martyred] and wounded in this American imposed war. The American presence in Afghanistan has allowed the Indians to support multiple insurgencies and wars in Pakistani tribal areas, Balochistan and in Urban areas. Pakistan Army and Government are on record saying that these insurgencies are getting covert and clandestine support from foreign powers and Zionist-Indian nexus. US Government is preparing grounds for an intervention in Balochistan, and great national security threats like the “Memo Scandal” have come to surface, which has created a grave and unprecedented clash within the State organs weakening the State tremendously from within. Pakistan is being softened up for an invasion under US-led Af-Pak and Indian-led Cold Start War Military Doctrine, and a 4th Generation War is already upon Pakistan where urban gangs, economic collapse and insurgencies are tearing the very fabric of the State and the nation beyond repair.
I. That in these most critical and dangerous times of national crises and war, South Asian Free Media Association (SAFMA) and its supporters/sympathizers are acting as the “fifth column of the enemies” within Pakistani media. SAFMA are “ideological terrorists” whose prime responsibility is to attack and destroy the Two Nations Theory, Islamic Ideology, Islamic provisions of the Constitution and Objectives Resolution on behalf of the Indian intelligence and its Establishment, and to “Hinduize” Pakistani society under its “soft war” through media and information warfare. SAFMA is packed with so-called secular journalists, who are projecting the father of the nation as a secular leader, saying publically that there is no such thing as Ideology of Pakistan or Pakistan Resolution and aggressively attacking the Two Nations Theory. SAFMA-connected media is destroying Pakistan from within through massive information warfare, attacking the Army and the ISI, and spreading the hatred between provinces and thus inculcating despondency among the people in every look and corner of the country through powerful media.
J. That SAFMA is also responsible for promoting the political, diplomatic and security agenda of Indian Government in Pakistan. Particularly, the stance of SAFMA on all security issues is to promote and extend the agenda of Indian Government. On Kashmir, Balochistan, terrorism, Pakistan Army and ISI, and “secularism” just to name the few where SAFMA’s stance severely damages Pakistan, Pakistan Army, the national security apparatus and defence interests.
K. That none of the actions of SAFMA have ever created crisis for the Indian Government, RAW or the Indian Army, although it operates on both side of the international border. All those incidents and events where Muslims are being suppressed or Indian State or Hindu extremists are involved in terrorism in Pakistan, SAFMA remains silent or takes the side of the Indian Government on subjects such as Kashmir, TTP and BLA violence, Samjotha Express, Mumbai attacks, to name a few.
L. That many of the most senior and patriotic analysts of Pakistan have raised serious objections over the objectives and agenda of SAFMA in Pakistan. Pakistan’s national security apparatus treat SAFMA as hostile enemy entity and SAFMA have themselves acknowledged that ISI raids their houses and calls them enemies.
M. That SAFMA was established in 2000 about 12 years ago, but till 2010 it had not made their funding/financial reports and audit reports public despite spending billions in massive programmes, lavish parties and cross-border visits with hundreds of people traveling and lodging in luxury hotels. It should be noted that SAFMA is a covert operation of Indian Establishment and RAW, and such operations rarely have any audited bank statements, hence depend upon secret funding, briefcases and envelopes. The lavish SAFMA lifestyles and spending are serious circumstantial evidences to their secret foreign founding.
N. That SAFMA is a security threat organization which has exploited the moment to wage an information and media war against the Islamic Republic of Pakistan. According to the national laws, Constitution and the PEMRA Rules, SAFMA and its members should be tried for High treason against the State, for attacking and violating the Islamic character of the nation, and for extending the agenda of a hostile state against Pakistan’s national security interests and armed forces, and it must be banned from operating in Pakistan under any [old or] new name, either in individual capacity or as an organization, and severe punishment should be awarded to the SAFMA and its members for acting as fifth columnists against the Islamic Republic of Pakistan in these times of war, unrest and regional insecurity.
O. That the petitioner [Mr. Zaid Hamid] reserves his right to submit additional documents/evidences if and when so required.
In the light of what has been stated above, it is most humbly prayed that in the larger interest of integrity, solidarity and unity of Pakistan, the Government of Pakistan through its relevant ministries mentioned above in the memo of the parties and Chairman PEMRA may graciously be directed to take cognizance of their (Respondents No. 6 to 17) nefarious activities as detailed above, in the body of instant petition, and take action against the respondents No. 6 to 17 in accordance with Section 27 of Pakistan Electronic Media Regulatory Authority [PEMRA] Ordinance, 2002, prohibiting their broadcast on electronic media as a guest, anchor-person or moderator. It is further prayed that since Respondents No. 6 to 17 are guilty of subversion of the [Pakistan] Constitution; therefore, the Government of Pakistan may be directed to lodge a FIR [First Information Police Report] against them (Respondents No. 6 to 17), so that they are tried / prosecuted and punished in accordance with High Treason (Punishment) Act, 1973, and under Article 6 of the [Pakistan] Constitution. Any other relief may also be ordered, which this august Court may deem appropriate, keeping in view the circumstances of instant petition.
Drawn By: Sahibzada Ahmad Raza Khan Qasuri
Senior Advocate
Supreme Court of Pakistan
64 Gomal Road, E-7, Islamabad [Pakistan]
Telephone No. 051-265-4761-2
Mobile Phone No. 0300-955-8217
Filed By: Ejaz Muhammad Khan
Advocate-on-Record
Supreme Court of Pakistan
© Copyright: Information Press – www.InformPress.com – USA
Posted in Commentary
1 Comment