Politicians are still weak to punish Gen. Zia and others who toppled Bhutto on 5th July says CPP!

Today on 5th day of July, every leaders of Peoples Party are speaking against this black day of 5th July, 1977 when dictator General Zia ul Haq imposed Martial Law and toppled the PPP Government and arrested the then elected Prime Minister of Pakistan Zulfiqar Ali Bhutto but surprisingly PPP twice led Governments after 1977 avoided to punish Gen. Zia and all those who were involved in overthrowing the Bhutto’s regime.

Communist Party of Pakistan (CPP) Chairman Engineer Jameel Ahmad Malik said that it is a hollow slogan of Peoples Party leadership that ‘Democracy is the best revenge’. In fact the best revenge and justice would be when Gen. Zia and others would also be punished under Article 6 of the Constitution, otherwise, the following words of dictator Zia would prevail in our history as long as he is not punished, which reads as under:-

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CPP demands from CPC to lift bans of Ramzan fasting in Xinjiang!

CPP demands from CPC to lift bans of Ramzan fasting in Xinjiang!

Communist Party of Pakistan (CPP) Chairman Engineer Jameel Ahmad Malik strongly condemned the bans of Ramzan fasting of Muslims in Xinjiang by China Govt. Communists don’t have any right to interfere in any religion

Peoples in Communist society have a right to believe in religion or not but ban of any religious prayers by the ruling Communist Party of China (CPC) is a shameful act and against the principles of Marxism. CPP demands from CPC to immediately lift the bans of Ramzan fasting of Muslims in Xinjiang Province of China. From: Press Media of CPP

Petition in SC for suspension of all TVs Channels except PTV.

IN THE SUPREME COURT OF PAKISTAN, ISLAMABAD.

(Original Jurisdiction) 

Constitutional Petition No. of 2014.

Communist Party of Pakistan,
Through its Central Chairman:
Engineer Jameel Ahmad Malik,
Communist Party Secretariat,
1426-Fateh Jang Chowk,
Attock Cantonment.

………Petitioner

Versus

1. Federation of Pakistan through the Secretary Ministry of Information and Broadcasting, Government of Pakistan, 4th Floor, Cabinet Block, Pak. Secretariat, Islamabad.

2. Pakistan Electronic Media Regulatory Authority (PEMRA) through its Chairman, PEMRA Headquarters, Mauve Area G-8/1, Islamabad.

3. Inter Services Intelligence (ISI) through its Director General, ISI Headquarters, Islamabad.

4. Pakistan Broadcasters Association (PBA) through its Chairman, 177/2, 1st Floor, I.E.P Building, Liaquat Barracks, Shahrah-e-Faisal, Karachi.

……… RESPONDENTS

A Constitution Petition under the Article 184(3) read with the Articles 2-A, 3 and 19 of the Constitution of Pakistan 1973, wherein the criticism of the Judiciary and Armed Forces is prohibited.

Respectfully Sheweth,

​That the aforesaid Constitutional Petition under the Article 184(3) read with the Articles 2-A, 3 and 19 of the Constitution of Pakistan, 1973 and Pakistan Electronic Media Regulatory Authority (PEMRA) Ordinance, 2002 and other relevant rules is being filed by the petitioner on the points of law, facts and grounds, as narrated, herein as under:-

POINTS OF LAW:

. The criticism of the Judiciary and Armed Forces is prohibited under Article 19 of the Constitution. Is this view of petitioner is correct?

. The roles of Pakistani TVs Channels are very destructive. Whether there should be any check and balance on these TVs Channels?

. When PEMRA and State don’t check and balance of the negative and destructive role of electronic media. Who is there to check them?

. Whether free licence ignoring all code of conduct be given to the TVs Channels to humiliate any person or Institution they like?

. What are the limitations for the freedom of press and speech allowed to TVs Channels under Article 19 of the Constitution?

. What is the purpose for which Pakistan Broadcasters Association (PBA) was created and does PBA is doing his duty honestly?

. All privately owned TVs Channels are misleading and giving sensational stories and are disturbing the peace of an ordinary citizen and are also exploiting the situation of the country whereas under Article 3 of the Constitution of Pakistan, 1973, the State shall ensure the elimination of all forms of exploitation but in a present Media crisis the PEMRA (Respondent No. 2) and State (Respondent No.1) has acted totally adverse and violated the Article 3. Whether in a case when the State (Respondent No.1) is a party to that exploitation with the PEMRA (Respondent No. 2) and Media mafias, what are its legal consequences and implications viz a viz Articles 3 and 19 in the current political scenario and can the Respondents No. 1 to 2 and 4 be held responsible and accountable in accordance with law?

. Whether the interpretation of Article 3 and 19 of the Constitution of Pakistan, 1973 pertaining to the freedom of press is the responsibility of the Supreme Court of Pakistan or the Parliament?

. Under Article 184 (3) not only an aggrieved person but any person can knock the doors of Supreme Court and question of locus standi or on the right forum is thus not attracted if a question of public importance with reference to the enforcement of any of the Fundamental Rights is involved. Supreme Court is the right forum under Articles 3 and 19 and if Supreme Court abstains from doing what is lawful and right, the Article 19 than becomes totally nugatory and redundant and this is against the basic spirit of the Constitution of Pakistan, 1973. Is this view of the petitioner is legal and correct?

FACTS OF THE CONSTITUTIONAL PETITION:

1.​That this is a public interest petition.

2.​That the petitioner is a political party established in almost every country of the world. In some parts of the world, the Communist Party is a ruling party and in the rest of the countries, it is opposition of the ruling party. Its basic manifesto is to have socialism based on the ideology of Karl Marx, who was a German philosopher, political economist, historian, political theorist, sociologist, communist and a great revolutionary of all era. Communist Party of Pakistan (CPP) under its subjective condition is in the political arena for the social change, free from exploitation of man by man and is working for the welfare of the downtrodden and poor masses. CPP is a registered political party with the Election Commission of Pakistan with Sickle as its election symbol. Accordingly, the CPP files this petition through its Central Chairman, Engineer Jameel Ahmad Malik on the following facts and grounds, which are as under:-

3.​That Pakistan Electronic Media Regulatory Authority (PEMRA) has been established under PEMRA Ordinance 2002 to facilitate and regulate the private electronic media. It has mandate to improve the standards of information, education and entertainment and to enlarge the choice available to the people of Pakistan including news, current affairs, religious knowledge, art and culture as well as science and technology.

4.​That accordingly the following legislation was done as under:-

• PEMRA Ordinance 2002
• PEMRA Rules 2009
• PEMRA Regulations 2012
• PEMRA Councils of Complaints (COC) Rules 2010
• Code of Conduct for Media Broadcasters or Cable TV Operators

5.​That accordingly the PEMRA issued Licences to the following privately owned TVs Channels, which are as under:-

1. VTV-1
2. VTV-2
3. VTV-3
4. VTV-4
5. Mashriq TV
6. Hope
7. Indus Vision
8. Indus Music
9. AVT Khyber
10. Khyber News
11. K-2
12. ARY News
13. ARY Digital
14. ARY Zouq
15. CNBC Pakistan
16. Play TV
17. Aman TV
18. Channel 92
19. Ravi TV
20. Hum TV
21. Masala TV
22. Hum News
23. Hum-2
24. Rohi
25. BOL Entertainment
26. ATV
27. A Plus
28. Oxygene
29. Dunya TV News
30. Dunya TV Entertainment
31. TV ONE
32. Waseb TV
33. News ONE
34. Info TV
35. Samaa TV
36. ZAM Television
37. Abbtak
38. APNA Channel
39. Jalwa
40. 8XMusic
41. KTN News
42. KTN
43. Kashish
44. Sindh TV News
45. Sindh TV
46. WAQT
47. CHANNEL 5
48. Punjab TV
49. Star Asia
50. Dharti TV
51. Mehran TV
52. Express News
53. Times TMN 24/7
54. Express Entertainment
55. Express Music
56. Din News
57. AAJ News
58. AAJ Entertainment
59. SabzBaat TV
60. Royal TV
61. Geo Tez
62. Geo Kahani
63. Geo News
64. Geo Entertainment
65. City -42
66. N-Vibe
67. Business Plus
68. ZAIQA
69. Bol News
70. Such TV
71. Health Channel
72. Metro-One
73. Aruj TV
74. Roze TV
75. VSH TV
76. Value TV
77. A-Lite
78. Capital TV
79. Koh-e-Noor TV
80. Dawn News
81. Dawn News Urdu
82. Herald Entertainment
83. Film World
84. Filmazia
85. Sohni Dharti
86. Awaz TV
87. Mirror TV Network
88. Dhoom TV
89. Geo Super
90. Mashriq TV
91. Pushto One

​All the above referred TVs Channels has the representatives in the Pakistan Broadcasters Association (PBA) and accordingly PBA has been cited as Respondent No. 4 being the representative bodies of all the above referred TVs Channels.

6.​That since the functioning of all the above mentioned TVs Channels, it is on record that none of the TVs Channels as above referred behaved in a national interest or in a sensible and professional manner and on the 19th of April, 2014 when Mr. Hamid Mir, senior Anchorperson of GEO News was attacked in Karachi and his younger brother Aamer Mir blamed the Director General of the Inter Services Intelligence (ISI) Lt. General Zaheer ul Islam (Respondent No. 3) for attack on Hamid Mir and which was live cast by Geo News for continuously 8 hours and from here the controversy between the TVs Channels started and they started maligning each other including Judiciary and Armed Forces which, otherwise, all these privately owned TVs Channels are prohibited under Article 19 of the Constitution of Pakistan, 1973.

7.​That also a complaint against Geo News was moved by the Inter Services Intelligence (Respondent No. 3) through Ministry of Defence to PEMRA (Respondent No. 2) for cancellation of Licence of Geo TV. The same complaint is pending in a sense that five private members of PEMRA on 20-5-2014 decided for the suspension of Geo News, Geo Tez and Geo Entertainment but the other 7 members of PEMRA denied any such decision and so, the complaint of the Respondent No. 3 (ISI) has not yet been decided finally due to controversy among the members of PEMRA. And what now the PEMRA decide is not the concern of the Communist Party of Pakistan (CPP) which represents the downtrodden masses of our country. Our concern is that not only GEO TV but all the above referred privately owned TVs Channels of capitalists tycoons except PTV are working against the terms and conditions of their licences and the PEMRA (Respondent No. 2) and Government of Pakistan (Respondent No. 1) are so helpless against these capitalist Tycoons’ of TVs Channels that no action has been taken against any of the above referred TVs Channels so far and practically no one see the existence of PEMRA and Government on ground.

8.​The petitioner party feels that the best course to overcome the media crisis for all coming times is to temporary suspend the licences of all the above referred TVs Channels and after proper scrutiny by the ISI, MI, IB and other concerned agencies, only those TVs Channels be allowed to function whose past tracks proves that they have never violated any terms and condition of their licences given by PEMRA and have not criticizes the Judiciary and Armed Forces who has been protected under Article 19 of the Constitution of Pakistan, 1973 and have performed their duties professionally journalistic and according to the code of conduct or alternatively, an appropriate order as deemed fit in the current situation and scenario of media crisis which has disturbed and frustrated the life of an ordinary citizen of our country may kindly be taken by the Apex Court, interalia on the following genuine

GROUNDS:

9.​Accordingly this constitutional petition is filed on the following among other genuine grounds, interalia:-

Firstly -​ DESTRUCTIVE ROLE OF PAKISTANI ELECTRONIC MEDIA!

Media has a significant role to play in the country’s success. Its duty is to show the truth but it should not always portray the negative aspects of the country. Qualitative, independent media reporting can play an important role in pressuring the government to act in the public interest. It can change opinions because it has access to people and this gives it a lot of strength. This strength can either be used constructively by educating the people or it can be used destructively by misleading the innocent people; could spoil everything by diverting the attention of people from important issues towards insignificant issues. Power of the media can transform the whole society or it can be used as a ‘weapon of mass destruction.’ The electronic media in Pakistan is playing negatively. It should have been the mirror of society it is operating in but our media has become the mirror of U.S, India, and the West. Working on American agenda, for few dollars, corrupt anchors and privately owned TV channels are propagating the negative image of country in front of outer world.

Our media anchors often divert the attention of the people from the real issues to non issues on behest of the people they are working for. The media is focusing more on sensationalism than truth creating a negative world view and only highlights the individual sort of issues that disrepute the society. In petitioner’s opinion a large section of the Pakistani media does not serve the interest of the people, in fact majority of it is positively anti-people. It often divides the people. The people, who watch these channels in foreign countries, are for sure constrained to think that Pakistan is full of ill-cultured, fraudulent and dishonest people who always involve in crimes etc. The media has totally ignored the important role it should play in this transition period we are passing through. However, the petitioner is not saying that there are no good journalists at all in the media. There are many excellent journalists too who work for the country, but they are always under multiple threats.

Some of the channels and media anchors are working for particular political parties. For instance, the real issues in Pakistan are socio-economic, the terrible poverty in which about 80% of our people are living, the massive unemployment, unbearable load-shedding, the abnormal price rise, lack of medical care, education, the ruin of institutions, breakage of fiber of the society, unaffordable higher education, backward social practices like honour killing and caste oppression, terrorism, religious fundamentalism and so on never highlighted during all the regimes till by now. Instead of devoting most of its coverage to these vital issues the media focused on non issues like film stars, fashion parades, individual rape and killing cases, repeated entertainment programs and talk shows etc. Does a hungry or unemployed man wanted entertainment or food and a job?

Media groups are owned by corporations that seek to profit, regardless of the consequences. Major part of media is absolutely non-objective, complete lies, omission of fact; neglect to report on real news and now false propaganda that could bring the incoming regime under their pressure. The pressure to produce constant unimportant news, all day, every day, on single issue tends to result in over representations of that news. For example, when there is even a minor blast, most of the news channels report almost exclusively on this topic for hours and ignore news with more significance to people’s lives. Each news station is supportive more of one side; biased media. The news covers stories that are more interesting for ratings and gives their opinions more siding with those who pay them more.

They often suppress facts while exaggerating and misleading. They are an extension of their political party’s campaign efforts while pretending to be objective journalists. They follow distributed talking points and their views are extreme compared to that of the average Pakistani. They act like they are the elite, and somehow more enlightened, looking down on the average Pakistani with contempt. The media manipulates facts to distort truths and to promote their own political agenda. For some money corrupt media anchors of different TVs channels are destroying our culture and misguiding the youth of country. Journalism in Pakistan is a failure as well.

Media can play public accountability role by monitoring and investigating the actions of those who are granted public trust and who may be tempted to abuse their office for private gain. The media should work to educate the people, to help the people and to liberate the people and to empower the people. There are times when they should put their personal interests at the back of their mind and show things that could be beneficial for the country and its people and please stop this race of breaking first news just be original. Media is a source of information or communication but now it has been transformed to a source of mere making money. This should stop. Media should act as a bridge between the governing bodies and general public instead of being a tool for one class of politicians and falsely propagating against others to bring them under pressure.

My Lordships!​There are always genuine differences of the opinion between the Institutions of the Government but if this difference is between the Armed Forces or ISI (Respondents No. 3) and the Government (Respondent No. 1) the TVs channels give false impression round the clock to the public that as to this difference, the military would take over the Government and Martial Law would be imposed soon. These false stories create chaos in the country and disturb the peace of the ordinary citizen of our beloved country.

Secondly -​ PURPOSE OF ARTICLES 19 AND 3 IN CONSTITUTION OF
OF THE ISLAMIC REPUBLIC OF PAKISTAN, 1973 WHEREIN
THE CRITICISM OF JUDICIARY AND ARMED FORCES PROHIBITED.

The 1973 Constitution is very crucial for the survival of the country. It is the only constitutional document ever to have been promulgated unanimously by each and every member of the National Assembly. Out of 200, 196 voted in favour of it. There were four abstentions, not a single vote of dissent against the passing of the Constitution in 1973.

​In the document, the framers of the Constitution provided Article 19 and the Article 19 relating to the freedom of speech and freedom of the press according to the Constitution of Pakistan, 1973 reads as under:-

“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”.

The philosophy incorporated in this Article is basically based on the fundamental principle of democracy and on the interpretation of Article 19; there are quite a large numbers of judgment of Apex Court wherein a clear line has been drawn to differentiate between freedom of press and speech of above referred TVs Channels.

​The Article 19 says that only reasonable restrictions as above are to be followed in relation to freedom of press and freedom of speech but ironically, none of the above referred TVs Channels adhered to this provision of Article 19 and these TVs Channels have themselves assumed a free licence to humiliate any person or institution and criticize Judiciary and Army the way they like bypassing all the conditions of Article 19 which says “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”.

Similarly the Article 3 of the Constitution of Pakistan, 1973 reads as under:-

“3. Elimination of exploitation: The State shall ensure the elimination of all forms of exploitation and the gradual fulfillment of the fundamental principle, from each according to his ability, to each according to his work.”

That as per Article 3, it is the responsibility of the Respondents No. 1 and 2 that “it shall ensure the elimination of all forms of exploitation.” This includes the way all the privately owned TVs Channels exploits the peoples and the ordinary citizen of our country whenever they desired either of their motions or on the agenda of the foreign countries which funds them for their ulterior motives.

Thirdly – NO CODE OF CONDUCT BEING FOLLOWED BE MEDIA.

​That in a democratic set up, freedom of speech/expression and freedom of press are the essential requirements of democracy and without them, the concept of democracy cannot survive. It is also true that the freedom of speech and freedom of press are fundamental personal rights and liberties which are corner stone’s of democratic institutions. The people are interested to know what the truth is and what is going on in the Government Departments etc but in our country, all the above referred TVs Channels have violated Sub-Clauses (d), (e), (h) and (k) of the Clause 1 of the Code of Conduct of PEMRA, which are:

(1) No programme shall be aired which:-
(d) contains anything defamatory or knowingly false;
(e) is likely to encourage and incite violence or contains anything against maintenance of law and order or which promotes anti-national or anti-state attitudes;
(h) maligns or slanders any individual in person or certain groups, segments of social, public and moral life of the country;
(k) Promotes, aids or abets any offence which is cognizable under the applicable laws.

​It would not be out of place to mention here that a reputed person like Mr. Javed Jabbar, former Information Minister and Senator very rightly wrote which was published on the editorial page of Dawn on 5th May 2014 titled : ‘A media myth’ and which reads as under:-

“non-licensed religious channels are allowed to continue broadcasting.
In addition to PEMRA’s official Code of Conduct, the Pakistan Broadcasters’ Association has a “Proposed Voluntary Code of Conduct “that is in a “proposed” state for the past 4 years. One reason for this delay is sheer arrogance. By making adoption of this Code contingent to the laws of the land being amended to reflect PBA’s wishes, media owners set themselves above an elected Parliament which alone has the right to make laws. PBA also creates a convenient escape-and-exemption clause by stating that:”.. the Code will not be applied stringently on entertainment programmes, satire, drama, films and such (sic ) genres.”

The cumulative result : sanctity of pure news polluted by “infotainment” e.g. playing of film songs instead of using these elements in separate programmes of satire; use of pejorative adjectives that distort facts and information; hysterical mannerisms of some presenters and anchors; pervasive intrusion of advertising, including promotion of absurd miracle cures; major excesses of defamation, character assassination; invasion of privacy; violation of intellectual property rights; excessive Indian content; rush to broadcast without pause to reflect; inane repetition of images in “loops” of various scenes, including terrorists brandishing weapons; re-enactment by actors of cruel , real crimes; heedless pursuit of ratings and profit. Virtual anarchy in the name of freedom.

No channel regularly informs viewers how to register complaints. No report is broadcast by channels on the number and nature of complaints received, actions taken. To cap it all: some PBA Member-channels viciously malign each other.

Over the past 12 years, while the first category of State regulation was hyper-active, the second category of content regulation (by the State, and through self-regulation) became virtually paralyzed. Effective self-regulation is viable only within the framework of public law enacted by strong leadership that should respect the people’s rights more rather than their own timid reluctance to challenge media’s misdemeanours. Public law alone can oblige media to be transparent, accountable and responsible. Otherwise, self-regulation becomes a cover for self-indulgence. Which, in turn, becomes the protection of narrow self-interest.”

Fourthly – NO ACCOUNTABILITY OF MEDIA. FREE
LICENCE TO DO ANY THING THEY LIKE.

The present state of affairs is that the illegal television channels are functioning without any let or hindrance. No religious channel has any licence. When so much illegality creeps in the department of media then this is a reflection of the failure of the state and government.

Some TVs Channels are being funded by foreign countries for ulterior motives and designs but neither the Respondent No. 1 nor Respondents No. 2 and 4 inquire about this foreign funding. It looks as they are party to it. Furthermore, the media is suffering from wishful thinking. It is suffering from the delusion that it has become a pillar of democracy but after the attack on Hamid Mir, the media has plummeted. It is essential that the media reforms itself. It is the duty of the owners to keep them away from editorial control. The media crisis that has been gripping the nation for a month or so took a turn for the worse on daily basis but there is no accountability what so ever in this context.

Fifthly -​PURPOSE AND IMPORTANCE OF CONSTITUTION OF
PAKISTAN AND SUPREME COURT IS THE RIGHT FORUM
UNDER ARTICLES 184(3) 19 & 3 OF THE CONSTITUTION, 73.

In the document, the framers of the Constitution provided Article 184, which also stipulated the boundaries of judicial activism. The boundaries are, firstly, that the court can take up only a matter of public importance, and secondly, one that pertains to fundamental rights. So if a whole scale infringement of fundamental rights is taking place, Article 184 enables the Supreme Court to act. This is, of course, in the larger interest of the people. For instance, if a dam that is providing water to say 10,000, or even 1,000 people, is being polluted, their fundamental rights are being violated. They may not have the resources to initiate a case against the violators, but the court can take up the matter. So it is a wonderful device. It’s good for the poorer segments of society, it protects them and it supports them – and it is very much a matter of fundamental rights. Now if anybody has a personal dispute with somebody, this doesn’t come into the picture at all. So, the test is fundamental rights and public importance. If the Supreme Court takes notice of a matter which does not fall within these two conditions then it can be said to be acting beyond its jurisdiction.
Whereas, when the privately owned TVs Channels criticized openly the Armed Forces and Judiciary in severe violations to Article 19 of the Constitution of Pakistan, 1973 this not only affected the fundamental rights of an individual but whole of downtrodden masses and public at large is violated. So much so, the fundamental right of not only Communist Party of Pakistan (CPP) but it infringes the fundamental rights of all the political parties of our country and in view of 11 members bench of Supreme Court headed by then Chief Justice of Pakistan Abdul Haleem Khan in a famous case of Miss Benazir Bhutto vs Federation of Pakistan etc. (PLD 1988 SC 416, 514) in which it was held “Article 17 (2) provides a basic guarantee to a citizen against usurpation of his will to freely participate in the affairs and governing of Pakistan through political activity relation thereto……”
My Lordships!​Keeping in view as explained above, it is beyond any shadow of doubt that indeed, a question of a public importance with reference to the enforcement of the Fundamental Rights conferred by Chapter I of Part II is involved in this Constitutional Petition.
Furthermore, under Article 184 (3) not only an aggrieved person but any person can knock the doors of Supreme Court and no question of locus standi or on the right forum is involved in the aforesaid Constitutional Petition of the petitioner. Supreme Court is the right forum and if Supreme Court abstains from doing what is lawful and right, the Articles 3 and 19 than becomes totally nugatory and redundant and this is against the basic spirit of the Constitution of Pakistan, 1973. ​

PRAYER IN PETITION:-

​ It is, therefore, respectfully and graciously prayed that this learned Court be pleased to kindly interfere to exercise its constitutional power to the effect that the Respondents No. 1 and 2 be declared to be responsible for the recent media crisis and that it is an eminently fit case for Apex Court to intervene in the larger interest of country wherein the privately owned TVs Channels are openly criticizing the Judiciary and Armed Forces in severe violation to Article 19 of the Constitution and to temporary suspend the licences of all the privately owned TVs Channels except PTV and after proper scrutiny by ISI, MI, IB and the other concerned agencies, only those TVs Channels be allowed to function whose past tracks proves that they have never violated any terms and conditions of their licences given by PEMRA and have not criticizes the Judiciary and Armed Forces who has been protected under Article 19 of the Constitution of Pakistan, 1973 and have performed their duties professionally journalistic and according to the code of conduct and accordingly, a direction for temporary suspension of all privately owned TVs Channels except PTV may kindly be given to the Respondents No. 1, 2 and 4 or alternatively, an appropriate order as deemed fit in the current situation and scenario of media crisis as created by the privately owned TVs Channels mafias which has disturbed and frustrated the life of an ordinary citizen of our country may kindly be taken and also direct the concerned and necessary Respondents No. 1, 2 and 4 to do anything, they are required by law to do.

2.​Any other remedy for the supremacy of the Constitution and the law, which this Honourable Court deems fit and appropriate in the facts and circumstances of the case, may also be granted and this petition may kindly be accepted. This prayer is made in the interest of justice.

​​Drawn up and filed by:

Dated:- 26th of May, 2014.

Sig/-

(Engineer Jameel Ahmad Malik)
​​​​​​ Petitioner-in-Person,
​​​​​​ Chairman of Communist Party,
​​​​​​ Communist Party Secretariat,
​​​​​​ 1426-Fateh Jang Chowk,
​​​​ Attock Cantonment.
​​​​​ Tel: 057-2611426
Fax: 057-2612591
Mob: 0300-9543331
And
Email: cpp@cpp.net.pk
Web: www.cpp.net.pk
​​​​​

LIST OF BOOKS:

1. The Constitution of the Islamic Republic of Pakistan, 1973.
2. PEMRA Ordinance 2002
3. PEMRA Rules 2009
4. PEMRA Regulations 2012
5. PEMRA Councils of Complaints (COC) Rules 2010
6. Code of Conduct for Media Broadcasters or Cable TV Operators
7. PLD 1988 SC 719
8. PLD 2005 SC 719
9. 1999 SCMR 382
10. PLD 2000 SC 84
11. PLD 2006 SC 697

Certificate:-

​Certified that this is the first petition in the Supreme Court on the subject.

Sig/-
(Engineer Jameel Ahmad Malik)
​​​​​​ Petitioner-in-Person.

CPP files petition in SC for suspension of all privately owned TVs Channels except PTV.

(ATTOCK – May 26, 2014) Communist Party of Pakistan (CPP) through its Central Chairman, Engineer Jameel Ahmad Malik today on Monday urged the Supreme Court (SC) for immediate suspension of all privately owned TVs Channels except PTV. The copy of petition is available at party website of www.cpp.net.pk

CPP in its petition under Articles 2-A, 3, 19 and 184(3) of the Constitution of Pakistan, 1973 has stated that the roles of privately owned TVs Channels are very negative and destructive for the society. No code of conduct being followed by them and TVs think, they have a free Licence to humiliate any person or institution and criticize Judiciary and Army whenever they like, whereas, under Constitution, the criticism of the Judiciary and Armed Forces are strictly prohibited.

All these TVs Channels are misleading, giving sensational stories and are disturbing the peace of mind of an ordinary citizen and are working against the terms and conditions of their licences but the PEMRA and Government are so helpless that no action has been taken against any of these TVs Channels so far and practically no one see the existence of PEMRA and Government on ground.

The genuine differences of the opinion between the Institutions of the Government is natural but if this difference is between the Armed Forces or ISI and the Government, the TVs channels give false impression round the clock to the public that Martial Law would be imposed soon. These false stories create chaos in the country and disturb the peace of the ordinary citizen of our beloved country.

Our TVs media has become the mirror of U.S, India and the West. Working on American agenda, for few dollars, corrupt anchors and these TV channels are propagating the negative image of country in front of outer world. Media does not serve the interest of the people; in fact majority of it is positively anti-people.

Engineer Jameel said that it does not mean that there are no good journalists at all in the media. There are many excellent journalists too who work for the country, but they are always under multiple threats.

Instead of devoting most of its coverage to the vital issues, the media focused on non issues like film stars, fashion parades, individual rape and killing cases, repeated entertainment programs and talk shows etc. For some money corrupt media anchors of these TVs channels are destroying our culture and misguiding the youth of country.

Media groups are owned by corporations that seek to profit, regardless of the consequences. CPP has made Pakistan, PEMRA, ISI and PBA as party in his petition.

Some TVs Channels are being funded by foreign countries for ulterior motives and designs but neither PEMRA nor the Government or PBA inquire about this foreign funding. It looks as they are party to it. The media is suffering from wishful thinking. It is suffering from the delusion that it has become a pillar of democracy but after the attack on Hamid Mir, the media has plummeted.

The media has totally ignored the important role it should play in this transition period we are passing through.

Communist Party urged the SC to temporary suspend the licences of all the TVs Channels except PTV and after proper scrutiny by the concerned agencies, only those TVs Channels be allowed to function whose past tracks proves that they have never violated any terms and condition of their licences given by PEMRA and have not criticizes the Judiciary and Armed Forces and have performed their duties professionally journalistic and according to the code of conduct or alternatively, an appropriate order as deemed fit in the current situation and scenario of media crisis which has disturbed and frustrated the life of an ordinary citizen of our country may kindly be taken by the Apex Court forthwith.

Issued by: Press Media of CPP: Communist Party of Pakistan, Communist Party Secretariat, 1426-Fateh Jang Road, Attock Cantt.
https://www.facebook.com/ofpakistan and https://twitter.com/cpofpakistan

https://www.facebook.com/pages/Engineer-Jameel-Ahmad-Malik/288422274539155?ref=hl

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Peoples Party is not Leftist Party now says Kishwar Naheed!

Communist Party of Pakistan (CPP) Chairman Engineer Jameel Ahmad Malik said that the Article of Kishwar Naheed titled Peoples Party is not Leftist Party now (Peoples party ab baaen bazoo ki naheen rahee) is a thought provoking and a good article in our point of view. It is published in today Jang. From: Press Media of CPP.

http://jang.com.pk/jang/may2014-daily/09-05-2014/col7.htm

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May Day Message of Communist Party to Pakistani Labours!

Socialism is the only system which can solve the problems of the labours, working class and downtrodden masses of our country says the Chairman Engineer Jameel of the Communist Party of Pakistan (CPP) in its message on May 1.

He said time and again, it has been vehemently stressed that the labours and working class cannot achieve their political objectives on the platform of other political parties like Peoples Pakistan Party (PPP), Pakistan Muslim League (N), Pakistan Tehreek Insaf including all other religious and regional parties of Pakistan.

The only ideological party of the labours and working class all over the world are the Communist Parties and none other political parties can work for the benefits of the labours and the working class said the Secretary General Gul Khattak of CPP.

Communist Party cautioned the labours in its message on May Day to expose their leadership who are working in PPP, PMLN, PIT and in other political parties just only for their vested and personal interest.

The only ideological party of the labours in Pakistan is the Communist Party stressed the Chairman Communist Party Engineer Jameel in its message.

From Press of CPP.

Communist Party demands resignation of Fed Min Nisar Ali Khan.

(ATTOCK – 28 April 2014) Communist Party of Pakistan (CPP) Chairman Engineer Jameel Ahmad Malik strongly condemned the arrest of Amina Masood Janjua, Chairperson of the missing persons and others peaceful protestors at D-Chowk, Islamabad.

What a coward this Govt is? PMLN Govt has arrested peaceful protestors at Islamabad whereas Ex-Dictator Gen Musharraf is enjoying life and free to move anywhere with full VIP Protocol.

Whereas, Islamabad Police has arrested Amina Masood Janjua and other peoples who were protesting for release of missing persons. Police also brutally lathe-charged the peaceful protestors.

What a shame for PMLN Govt, Prime Minister Nawaz Sharif, Fed Min Nisar Ali Khan, who when in opposition visited the camp of missing persons and now beating them brutally with police force under their control.

Peoples have not elected Nawaz Sharif that his police should lathe charged the peaceful protestors, who so ever they are. CPP strongly condemned this unlawful action.

Communist Party demanded that Fed Min Nisar Ali Khan should now immediately resigned and stepped down. He failed to handle the situation badly.

Arrest of Amina and severe lathe charged on peaceful protestors is against all norms of democracy. What is the difference between the PMLN Govt and that of Gen. Musharraf?

CPP Chairman Engineer Jameel Malik demanded from PMLN Govt to immediately release Chairperson of Missing Persons Amina Masud Janjua and others.

From: Press Media of CPP. 

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Communist Party of Pakistan elect its new Secretary General!

Communist Party of Pakistan (CPP) elect its new Secretary General Meraj Gul Khattak unanimously after the resignation of the outgoing General Secretary Dr. Bashir H. Shah.

CPP Chairman Engineer Jameel Ahmad Malik lauded the services of the Ex-Secretary General Dr. Bashir H. Shah rendered for the party and for the cause of socialist ideology.

CPP Chairman welcomed the new Secretary General and said that Meraj Gul Khattak is not only a committed party activist but a born Communist from a family of Village Nazimpur in Tehsil and Distt Nowshera.

Meraj Gul Khattak is a well known political activist and trade unionist from Khyber Pukhtoon Khawa (KPK) and from 1982 to 2006, he remained in the Central leadership of the All Pakistan Wapda Labour Union of Tarbela Dam.

He was born in year 1951 and got his early education from Govt High School, Akora Khattak. Before elected as General Secretary, he was the Vice-Chairman of the Communist Party.

The new Secretary General of CPP in his address vehemently stressed for the ‘Left Unity’ of all the Progressive and Leftist Parties on one platform so as to fight collectively against the religious terrorism and to bring a ‘Socialist Revolution’ in Pakistan.

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Hamid Mir! You would not die says Communist Party of Pakistan.

imageHamid Mir! You would not die. Rest assure. It’s a voice and prayer from the inner heart of a Communist, says Communist Party of Pakistan (CPP) Chairman, Engineer Jameel Ahmad Malik in a tweet message to its friends and party members of CPP.

CPP Chairman Engineer Jameel Ahmad Malik strongly condemned this attack on Hamid Mir in Karachi. CPP have full sympathy with Hamid Mir and its family.

Bravo son of Waris Mir and youngest brother of Hamid Mir namely Amar Mir disclosed in a live telecast of Geo TV that ISI and its DIG Lt. General Zaheer-ul-Islam and some other intelligence personnels are involved in the murder attack of Hamid Mir.

Similarly views were also expressed by the International News senior correspondence Aansar Abbasi and a well known journalist Imtiaz Alam and Najam Sethi also in a live telecast of Geo TV.

Communist Party of Pakistan demanded high level Judicial Inquiry on the murder attack on Hamid Mir and accusations of involvement of ISI DIG in this attack.

It may be recalled that Professor Waris Mir was also a very vocal and bravo journalist of Pakistan. Waris Mir very vocally wrote against the military dictator General Zia ul Haq during its unlawful tenure as President of Pakistan.

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CPP fully endorse what Saad Rafiq said about Musharraf.

1Well done Minister Khwaja Saad Raffique Sahib. I have watch you taking in Capital Talk. You spoke very well about General Pervaz Musharraf. What you said boldly is the voice of majority of our people. You are as bold and bravo as your father was. From: Engineer Jameel Ahmad Malik, Chairman of Communist Party of Pakistan (CPP).

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No one can dare now in Pakistan to remove Musharraf from ECL.

No one can dare now in Pakistan to remove the name of General Musharraf from ECL says the Communist Party of Pakistan (CPP) Chairman Engineer Jameel Ahmad Malik and he also hails the decision of Government for not removing his name from ECL.

However, the CPP Chairman criticised the role of Government by providing un-necessary protocol and security to a person, who is now accused and indicted to five charges of High Treason under the High Treason (Punishment) Act, 1976.

CPP demands to finish his protocol in the name of security forthwith and he should be arrested immediately as he is now accused of High Treason.

Engineer Jameel said that the Special Court headed by Justice Faisal Arab as a whole is very composed and going in accordance with law. Musharraf has destroyed and subverted our Constitution. He must and should be punished in the interest of justice as vehemently stressed by CPP.

CPP was first party who filed High Treason Petition against Musharraf on 7-9-2009 in Supreme Court of Pakistan.

Communist Party of Pakistan (CPP) Chairman Engineer Jameel Ahmad Malik said that when on 7th of September, 2009 he filed Article 6 petition of High Treason against General Pervaz Musharraf and others in the Supreme Court of Pakistan

Constitution+Petition+as+moved+by+CPP+in+the+Supreme+Court+for+trial+of+Musharraf         no one at that time believed that one day our petition against Musharraf would emerge as a reality.

The CPP Chairman welcome the decision of Court in which Musharraf was indicted to the 5 charges of High Treason and also by not allowing him to proceed abroad for medical check up and to see her mother in Dubai.

Engineer Jameel said that the Special Court headed by Justice Faisal Arab as a whole is very composed and going in accordance with law. Musharraf has destroyed and subverted our Constitution. He must and should be punished in the interest of justice and who the hell is TMC Advisory Group to interfere in our internal affairs.

This Government is so liberal that accused General Musharraf is still enjoying equal protocol of President and Prime Minister, which he is not eligible now, as he is accused of High Treason. CPP demands to finish his protocol in the name of security forthwith and he should be arrested immediately as he is now accused of High Treason.

CPP was first political party who filed High Treason Petition against Musharraf on 7-9-2009 in Supreme Court of Pakistan.

Communist Party of Pakistan (CPP) Chairman Engineer Jameel Ahmad Malik said that when on 7th of September, 2009 he filed Article 6 petition of High Treason against General Pervaz Musharraf and others in the Supreme Court of Pakistan 

Constitution+Petition+as+moved+by+CPP+in+the+Supreme+Court+for+trial+of+Musharraf
no one at that time believed that one day our petition against Musharraf would emerge as a reality.

The CPP Chairman welcome the decision of Court in which Musharraf was indicted to the 5 charges of High Treason and also by not allowing him to proceed abroad for medical check up and to see her mother in Dubai.

Engineer Jameel said that the Special Court headed by Justice Faisal Arab as a whole is very composed and going in accordance with law. Musharraf has destroyed and subverted our Constitution. He must and should be punished in the interest of justice and who the hell is TMC Advisory Group to interfere in our internal affairs.

This Government is so liberal that accused General Musharraf is still enjoying equal protocol of President and Prime Minister, which he is not eligible now, as he is accused of High Treason. CPP demands to finish his protocol in the name of security forthwith and he should be arrested immediately as he is now accused of High Treason.

Long live Jameel Umar says CPP Chairman Engineer Jameel!

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Alas! Jameel Umar died and buried in Lahore by his comrades, friends, family members and his own Awami Workers Party (AWP) and political activists of other political parties but unfortunately the Chairman of the Communist Party of Pakistan (CPP), Engineer Jameel Ahmad Malik could not attend the last funeral of a true and committed revolutionary.

In a condolence message to Comrade Farooq Tariq, General Secretary of AWP, it was said by Press Media of CPP that soon the CPP Chairman and its party member would pay homage and respect to Jameel Umar and would visit his grave and would also lay Communist Party Flag on his grave.

Condolence Message further said that Jameel Umar was also a personal friend of our party Chairman and Jameel Umar always persuaded our party Chairman Engineer Jameel for left unity till his last breath and our party chairman is very sad and upset on the sudden death of Jameel Umar, which otherwise, was not expected so earlier.

Engineer Jameel said that late Jameel Umar was known to him politically since 1976 and for about three years in late eighties, he worked with Jameel Umar in Communist Party of Pakistan.

Jameel Umar spent his whole life struggling for socialism, secularism, democracy and human rights in Pakistan. When he was Professor of Physics at Quad-e-Azam University, Islamabad during Martial Law of Dictator General Zia, he was arrested in pamphlet case and he spent many years boldly in General Zia’s prison as a ‘prisoner of conscience’.

He was a staunch political activists and died as a Federal Finance Secretary of the Awami Workers Party. He throughout his whole struggled for the political rights of the working and down trodden masses. Comrade Jameel Umar died in Shaikh Zaid Hospital at Lahore yesterday and buried today on 18th March, 2014.

He was editor of Awami Jamuri Forum and was also writer of several books.

Long live Jameel Umar!

Long live left unity – the dream of Jameel Umar!

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Special court issues non-bailable arrest warrant for Gen. Musharraf!

Communist Party of Pakistan (CPP) Chairman Engineer Jameel Ahmad Malik welcome and hails the decision of the Special Court headed by Mr. Justice Faisal Arab, who has now issued a non-bailable arrest warrant for former president General (retd) Pervez Musharraf.

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The special court has ordered for Pervez Musharraf’s warrant to be implemented on March 31. According to the order if Musharraf fails to appear before the special court by March 31 he should be arrested and presented.

Pervez Musharraf failed to appear before the three member bench of the special court on Friday with his counsel arguing that the risk of his client’s appearance could not be taken.

At the start of proceedings, Pervez Musharraf’s counsel Anwar Mansoor submitted a petition seeking his clients exemption from today’s hearing.

Mansoor argued that the plan to attack Musharraf needed to be investigated and it would take 6-8 weeks to screen personnel deployed for the former president’s security. Mansoor said his client would be appearing before the court after the screening report was presented.

During proceedings the court had provided time to Musharraf’s legal team to answer if the former president will be appearing today. Justice Faisal Arab remarked that if Musharraf’s did not appear before the court, the charges against him would be read to his counsel.

Anwar Mansoor argued that according to law it was mandatory for the accused to be present for indictment.

Prosecutor Akram Sheikh argued that if the former president was unwilling to appear at this location, his trial could be held at a jail of his choice.

The hearing of the case has been adjourned till March 20.

The special court will indict Pervez Musharraf on his appearance in the high treason case for for abrogating the Constitution while issuing proclamation of emergency on November 3, 2007.