Petition Filed Against SAFMA in Supreme Court

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IN THE SUPREME COURT OF PAKISTAN, ISLAMABAD (Constitutional Jurisdiction)

Constitutional Petition No._______/2012

Syed Zaid Zaman Hamid, Founding President of an Internationally

Recognized Threat Analysis Consultancy and Defence Think Tank,

“Brass Tackss”, House No.686, Ammar Shaheed Road, opposite

Askari-II Flats, Chaklala Scheme-III, Rawalpindi Cantt.

…..Petitioner

VERSUS

1. Ministry of Information, Government of Pakistan through its

Secretary, Pak Secretariat, Islamabad.

2. Ministry of Foreign Affairs, Government of Pakistan, through its

Secretary, Constitutional Avenue, Islamabad.

3. Chairman, Pakistan Electronic Media Regulatory Authority

(PEMRA), Evacuee Property Building, Jinnah Avenue, Blue Area,

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), Lahore Office, 177-

A, Shadman-II, Lahore, Pakistan.

Islamabad Office, House No.4-B, Street No.62, F-7/4, Islamabad.

7. Imtiaz Alam, Daily News, Executive Director - Free Media

Foundation / SAFMA

8. Sirmed Manzoor, Founder Member of SAFMA

9. Najam Sethi, Analyst “Aapis Ki Baat” at Geo TV & SAMA

10. Beena Sarwar, Founder Member of SAFMA

11. Nusrat Javed, Founder Member of SAFMA

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12. Khalid Ahmed, Director SAFMA

13. Marvi Sirmed, SAFMA Supporter

14. Ali Chishti, Daily Times & Friday Times

15. Hamid Mir, Host program Capital Talk at Geo News, Islamabad

16. Hassan Nisaar – Analyst / Host at Geo

17. Aasma Jahangir, Advocate of Supreme Court of Pakistan, C/O

Supreme Court Bar Association, Supreme Court building

Islamabad. Supporter of SAFMA and Aman Ki Aasha

(Respondent No.6 to 17 are the Founder Members of SAFMA,

members Board of Governors (BoG), SAFMA and Supporters /

Promoters of SAFMA and Aman Ki Asha.

SAFMA Lahore Office, 177-A, Shadman-II, Lahore, Pakistan.

SAFMA Islamabad Office, House No.4-B, Street No.62, F-7/4,

Islamabad.

…Respondents

PETITION UNDER ARTICLE 184 (3) OF THE CONSTITUTION

OF ISLAMIC REPUBLIC OF PAKISTAN,1973

Humbly Sheweth:

1. That the following principles and questions of law of public

importance needs determination by this honorable Court, in order to

adjudicate with regard to instant constitutional petition:-

a. Whether it is not a fact that Supreme Court of Pakistan under

Article 184 (3) of the constitution has original jurisdiction, if it

consider 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?

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b. Whether it is not 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 to public at

large, which they are bound to provide under the law? (PLD 2004,

SC, 482)

c. Whether it is not 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, which indicates that

legislature has to impose certain restriction in the interest of the

glory of Islam?

d. Whether it is not a fact that legislature can lawfully impose

restrictions upon 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 or incitement to an offence.

e. Weather it is not 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 fore mentioned

concepts?

f. Weather it is not a fact that bare reading 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?

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g. Weather it is not the fact that if someone violets freedom of

speech and expressions and collaborate through unconstitutional

means such as violating reasonable restriction 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, 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. Whether it is not a fact that courts have upheld the authority of

statute passed by legislature in order to prevent the over throwing

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. Whether it is not 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 objective resolution

was made substantive part of the constitution, thus, it became the

grund norm or touch stone of the constitution?

j. Whether it is not affect that some of the relevant terms and

condition 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

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enshrined in the Constitution of Islamic Republic of

Pakistan.

iii. To ensure that all programmes and advertisement 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 anchorperson, no moderator or 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 bring into

ridicule the head of state, or member of the armed forces,

or executive, legislative or judicial organs of the state.

k. Whether it is not a fact that PEMRA by a written order giving

reason is authorized to prohibit any broadcast media 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 in danger national security or is pornographic,

obscene or vulgar or is offensive to the commonly accepted

standards of decency?

l. Whether it is not 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. Whether it is not a fact that to achieve this sinister end, enemies

have deployed multiple war strategies against the state and the

people of Pakistan?

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n. Whether it is not a fact that the 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) is being subjected to this kind of warfare for the 21st

century. Pakistan is under this war for the least 10 years now?

o. Whether it is not a fact that a massive high intensity war within

the country between various insurgents groups, 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 crisis 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 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. Whether it is not 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 working under the umbrella of Free Media foundation?

q. Whether it is not a fact that a Massive information and

propaganda war is 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

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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. Whether it is not 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 as a secular and liberal

leader, remove 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

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 programs under the brand name of Free media

and “Aman Ki Asha”?

s. Whether it is not 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. Whether it is not a fact that SAFMA is creating Moral and social

anarchy through filthy Indian media, secular or Hindu ideology,

vulgarity, 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 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

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and international media and national security organization like

Pak-Arm forces and Intelligence agencies. Jordanian Strategic

Study Institute declared him in 2010 and 2011 as one of the most

influential five hundred Muslims living in the World today. His

Think Tank on monthly basis publishes a magazine called

Monthly Security Review Brass Tacks. The CDs containing his

television interviews and his talks to various institutions are

widely distributed and listen to by all the segment 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 as “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 journalist, analysts, anchor person, moderatos, supporters

and promoters like Imtiaz Alam, Sirmed Manzoor, Najam Sethi,

Beena Sarwar, Nusrat Javid, Khalid Ahmed, Hasan Nisaar,

Hamid Mir, Ali Chishti, Marvi Sirmed, Aasma Jahangir etc, have

done great damage to the ideology of Pakistan, Sprit of objective

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 and tug of war and sectarian hatred, thus deliberately

created despondency and disunity among the toiling teeming

millions people of Pakistan in every nook and corner of the

country. Their statements, write-ups and talk shows are attached

herewith this petition as ready reference.

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 sub-continent to live and carve their lives according to Quran

and Sunnah and teachings of Islam individually and collectively.

Five millions Muslims sacrificed their lives and Over 10 million

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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 common wealth of the Muslims

Nations.

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, Bulley Shah, Waris Shah and Jugni and they lived

in the same geographical contiguity, yet Punjab and Bengal were

divided. That mean 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 07-03-1949

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 to the

Quran and Sunnah, keeping in view the provision of Article 227

and Articles 62, 63 give clear direction for electing of members of

Parliament and Rulers that all 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.

2A of the constitution. Attacking the Two Nation Theory,

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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 Panel 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 Nation Theory by promoting

provincial hatred resulting in breakup of Pakistan. Indira Gandhi

took pride not in the military victory but in the fact that they had

dismantled the Ideological Pillar of Pakistan, “The Two Nation

Theory”. She said in her victory celebrations that “today, the

Indians have drowned the Two Nation 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

crumbles 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 Shudah 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, Baluchistan 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

Zino-Indian nexus. U.S. government is preparing grounds for an

intervention in Baluchistan and great national security threats like

“Memo Scandal” have come to surface which has created a grave

and unprecedented clash within the state organs weakening the

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state tremendously from within. Pakistan is being softened up for

an invasion under US led Af-Pak and Indian led Cold Start

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 Crisis

and War, South Asian Free Media Association (SAFMA) and its

supporters / sympathizers are acting as the “fifth column of the

enemies” within Pakistan media. SAFMA are “ideological

terrorists” whose prime responsibility is to attack and destroy the

Two Nation 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 Nation

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 to

promote and extend the agenda of Indian government. On

Kashmir, Baluchistan, terrorism, Pakistan army and ISI and

“secularism” just to name the few where SAFMA’s stance

severely damages Pakistan, Pakistan Army and the national

security apparatus and defence interests.

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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 subject 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 call them enemies.

m. That SAFMA was established in 2000 about twelve years ago, but

till 2010 had not made their funding financial reports and audit

report public despite spending billions in massive programe,

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

evidence to their secret foreign founding.

n. That SAFMA is 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

interest and armed forces, and must be banned from operating in

Pakistan under any new name, either in individual capacity or as

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an organization, and severe punishment should be awarded to the

SAFMA and its members for acting as fifth calumets against the

Islamic Republic of Pakistan, in these times of war, unrest and

regional insecurity.

o. That the petitioner reserves his right to submit additional

documents / evidence 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, 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 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 Constitution therefore, Government

of Pakistan may be directed to the lodge a FIR 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 Constitution.

Any other relief, which this August Court may deem appropriate,

keeps 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

Tele No:051-2654761-2

Cell #: 0300-9558217

FILED BY

Ejaz Muhammad Khan Advocate-on-Record

Supreme Court of Pakistan

Petition Filed Against SAFMA in Supreme Court

Documents

Transcript of Petition Filed Against SAFMA in Supreme Court