IN THE SUPREME COURT OF PAKISTAN (Appellate Jurisdiction)

Present: Mr. Justice Jawwad S. Khawaja Mr. Justice Khilji Arif Hussain Mr. Justice Ejaz Afzal Khan

CMA No.1674/13 in Constitution Petition No.105/2012 and Constitution Petition No.104/2012 & CMA-3464/12 AND Constitution Petition No.105/2012 alongwith CMA-3795/2012 & CMA-3798/2012 HRC No.23957-S/12 and Const. Petition No.53 of 2012

AND

Constitution Petition No.117 of 2012

Hamid Mir and another … Petitioner (s)

Versus Federation of Pakistan, etc. … Respondent (s) For the petitioner(s): M/s Hamid Mir and Absar Alam (both in person) For the petitioner(s): Dr. Tariq Hassan, ASC (In Const.P.53/12) For the petitioner(s): Mr. Taufiq Asif, ASC (In Const.P.104/12) Mian Gul Hassan Aurangzeb, ASC For the petitioner(s): Sheikh Ahsan ud Din, ASC (In Const.P.117/12) For respondent No.1: Raja Aamir Abbas, ASC

Mr. M. Azam, Additional Secretary. Mr. Nasir Jamal, DG Mr. Tahir Hassan, Director o/o Secretary.

Muhammad Azam (Press Information Officer) For Pak. Broadcasting Khawaja Tariq Sohail, ASC Association: For respondents 2-3: Mr. Hasnain Ibrahim Kazmi, ASC For respondent No.4-5: Nemo For respondent No.6: Nemo. For respondent No.7: Mr. Naveed Ihsan & Mr. Asif Hussain For respondent No.8: Nemo. For the Federation: Mr. Dil Muhammad Khan Alizai, DAG For the Province of KPK: Syed Arshad Hussain Shah, Addl. A.G.

Const.P.105/12, etc. 2

For respondent No.11 & Mr. Yasin Azad, ASC and Raja Muqsit Nawaz, ASC Value T.V.: Mr. Asad Kharal, Express TV. Mr. Arshad Sharif, Bureau Chief, DUNYA TV. Mr. Ghulam Nabi, President, Press Association SC. Mr. M. Hanif Awan, (CMA 3464/12)

For PFUJ: Mr. Riffat Qadri

For ECP: Mr. Abdul Rehman, Addl. DG Law.

For M/s Vision Network: Mr. Adnan Iqbal Chaudhry, ASC

For M/s AURORA: Nemo.

For Airwaves: Mr. Babar Bila, ASC

For Express TV: Nemo

For VIVE TV: Nemo.

For PTV: Mr. Shahid Mehmood Khokhar, ASC

For Punjab T.V.: Nemo.

For PEMRA: Syed Hasnain Ibrahim Kazmi, ASC

For Airways Media: Nemo.

For ARY: Nemo.

For Cable Operators: Dr. Amjad Hussain Bokhari, ASC

For Pakistan Broadcasters: Nemo.

(In CMA-3464/12): Mr. M. S. Khattak, AOR

For Indus Television: Mr. Tariq Ismail

Date of Hearing: 22.4.2013

ORDER Jawwad S. Khawaja, J.- We have heard this case at some length today. On 17.4.2013

and orders previous to that, we had sought the input of the Ministry of Information and

Broadcasting. In particular, we had asked the Ministry to file one list (List ‘A’) containing

itemized particulars of those expenditures by whatever name called, for which the Ministry

now does not claim privilege or secrecy although such privilege had been claimed in the

past. The Ministry has today filed list ‘A’ containing 282 items on which an amount of

Rs.1,77,988,450/- has been spent approximately. It is, therefore, ordered that this list ‘A’ be

made public and be placed on the website of this Court. Mr. Hasnain Ibrahim Kazmi, ASC

who represents PEMRA states that the list ‘A’ will also be placed on the PEMRA website.

2. List ‘B’ in respect of items on which privilege/secrecy is claimed has also been filed

in Court. This list contains 174 items on which a sum of Rs.8,68,13,633/- has been spent.

However, in respect of items covered in list ‘B’ the Ministry has today stated that although

Const.P.105/12, etc. 3

these items were not subjected to audit by the Auditor General of Pakistan, the Ministry

concedes that these expenditures are under the Constitution and the Auditor General’s

(Functions, Powers and Terms and Conditions of Service) Ordinance, 2001, liable to audit

by the Auditor General of Pakistan. We, therefore, direct that a senior functionary of the

office of the Auditor General of Pakistan should attend the Court on 25.4.2013 to inform the

Court about how long it would take to audit the items mentioned in list ‘B’. Appropriate

orders in respect of the items in list ‘B’ shall be passed on the next date of hearing. The

senior functionary of the Auditor General’s office should also inform the Court about the

time which may be required to undertake an audit of the past expenditures which have

escaped audit so far.

3. CMA No.2250/2013. This is an application filed by Raja Aamir Abbas learned

counsel representing the Ministry of Information and Broadcasting. It is alleged therein that

Mr. Hamid Mir one of the petitioners, while appearing in a talk show titled ‘Kal Tak’

hosted by Javed Chaudhry, used such language which the Ministry finds to be

objectionable as it amounts to an attempt to influence the proceedings in Constitution

Petition No. 105/2012 etc. Mr. Hamid Mir shall submit reply of this application before the

next date of hearing. List ‘B’ shall be sealed and the sealed cover shall be deposited with the

Registrar of this Court.

4. To come up on 25.4.2013.

5. Constitution Petition No. 104 of 2012. This Constitution petition shall be separated

from the Constitution Petition No. 105/2012 etc. and shall be listed for hearing on 13.5.2013.

Judge

Judge

Judge

Islamabad, the 22nd April, 2013. A. Rehman