Form No: HCJD/C-121

ORDER SHEET

IN THE ISLAMABAD HIGH COURT, ISLAMABAD

W.P. No.1527/2022

Arshad Sharief
Versus
Federation of Pakistan, etc.

S. No. of Date of order/ Order with signature of Judge and that of parties or counsel where
order/ proceedings necessary.
proceedings
28-04-2022 Mr Muhammad Ali Bokhari, Mr Faisal Fareed, Mr Shiraz
Ranjha, Advocates for petitioner.
Syed Muhammad Tayyab, Dy. Attorney General.
Mr Hamayun Bashir Tarar, Director, CCW, FIA.
Mr Tariq Pervaiz, Addl. Director CCW, Mr Azmat Khan, Dy.
Director CCW, Mr Ayaz Khan, Dy. Director CCRC, Mr Arbaz,
Asstt. Director Legal, Mr Amir Sheikh, Asstt. Director Legal,
for FIA.
Mr Muhammad Faisal, SP Saddar, ICT Police.
Mr Muhammad Riaz, Inspector Legal, ICT Police.

Athar Minallah, C.J.- Pursuant to direction

given vide order, dated 28-04-2022, Mr Humayun Bashir

Tarar, Director, Federal Investigation Agency, has appeared.

He has stated that no proceedings have been initiated

against the petitioner nor any other journalist associated

with the television channel managed and operated by M/s

ARY Media Communication.

2. The learned counsel for the petitioner has,

however, stated that threatening messages were received

by the petitioner and some other journalists. It is noted that

the Court has been receiving similar complaints from

journalists in the past. Mr Humayun Bashir Tarar, Director,

had assured the Court that no one would be unnecessarily

harassed. The Court has no reason to doubt the statement

made on behalf of the Agency. Nonetheless, the Agency is

directed to submit a report, inter alia, explaining why the

perception of threat from its officials regarding actions

against persons engaged in the profession of journalism has

not been dispelled.

3. Mr Afzal Butt and Mr Saqib Bashir have also

appeared on behalf of persons engaged in the profession of

journalism. In their presence, the learned counsels for the

petitioner and the channel, ARY News, were asked regarding

the systematic vilification campaign against the judiciary in

the context of the events of 9th April, 2022. It has been

reported that attempts have been made, particularly by the

television channel, ARY News, to bring the august Supreme

Court and this Court into disrepute and thus erode the

confidence of the people in the judicial system. They were

asked whether any order was passed or a petition was

entertained in the evening of the 9th of April, 2022 that may

have prejudiced someone or interfered with proceedings of

other constitutional bodies. They answered in the negative.

It appeared as if they were also not aware that in the past

this Court has entertained several petitions after the official

timings. The petition in hand was also entertained and order

was passed after the notified Court timings and despite the

fact that the prescribed formalities had not been complied

with. The learned counsels also appeared to be unaware of

dismissal of the petitions received on the 9th of April, 2022

with exemplary costs. In response to a query, the Court

reporter representing ARY News channel informed that he

had provided a copy of the press release, dated 11-04-

2022, to the management. In response to another query, it

was regrettably conceded that it was not the policy of the

channel to give air time to issues such as grave violation of

the fundamental rights of victims of enforced

disappearances or the students of Balochistan.

4. The systematic campaign against the august

Supreme Court as well as this Court, particularly by ARY,

News channel, appears to be based on an imaginary

narrative and in disregard to the notified policy of the Court

to receive petitions after court timings, provided they

involve extreme urgency. The systematic vilification

campaign against the Supreme Court and this Court without

any basis or prejudice having been caused to any person

has profound consequences for those litigants who are

admittedly denied a voice by the television channels in

violation of their obligations under Articles 19 and 19-A of

the Constitution of the Islamic Republic of Pakistan, 1973.

5. The Bureau Chief of M/s ARY, News channel, is

directed to appear on the next date fixed and justify the

systematic campaign against the august Supreme Court and

this Court. The Court has always encouraged fair criticism

and comments but advancing unfounded political narratives

and systematic vilification campaign against the judiciary

has grave consequences for the litigants. Mr Afzal Butt and

Mr Saqib Bashir, President of the Court Reporters are

expected to assist the Court.

6. In the meanwhile, the Federal Investigation

Agency and the Inspector General of Police, Islamabad

Capital Territory are directed not to harass nor take any

adverse action against the petitioner or other journalists

relating to their professional duties and functions.

7. The office is directed to relist the petition

on 12-05-2022.

(CHIEF JUSTICE)

Luqman Khan/*