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Petition Filed Against SAFMA in Supreme Court

Petition Filed Against SAFMA in Supreme Court

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Published by: cherie79 on Mar 27, 2012
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04/28/2014

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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 InternationallyRecognized 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 itsSecretary, Pak Secretariat, Islamabad.2.
 
Ministry of Foreign Affairs, Government of Pakistan, through itsSecretary, 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 MediaFoundation / SAFMA8.
 
Sirmed Manzoor, Founder Member of SAFMA9.
 
Najam Sethi, Analyst “Aapis Ki Baat” at Geo
TV & SAMA10.
 
Beena Sarwar, Founder Member of SAFMA11.
 
Nusrat Javed, Founder Member of SAFMA
 
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12.
 
Khalid Ahmed, Director SAFMA13.
 
Marvi Sirmed, SAFMA Supporter14.
 
Ali Chishti, Daily Times & Friday Times15.
 
Hamid Mir, Host program Capital Talk at Geo News, Islamabad16.
 
Hassan Nisaar
 – 
Analyst / Host at Geo17.
 
Aasma Jahangir, Advocate of Supreme Court of Pakistan, C/OSupreme Court Bar Association, Supreme Court buildingIslamabad. 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 CONSTITUTIONOF ISLAMIC REPUBLIC OF PAKISTAN,1973
Humbly Sheweth:1.
 
That the following principles and questions of law of publicimportance needs determination by this honorable Court, in order toadjudicate with regard to instant constitutional petition:-a.
 
Whether it is not a fact that Supreme Court of Pakistan underArticle 184 (3) of the constitution has original jurisdiction, if itconsider that a question of public importance with reference to theenforcement of any of fundamental rights conferred by chapter 1of part 2 is involved and has the power to make any order underArticle 199 of the Constitution?
 
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b.
 
Whether it is not a fact that constitutional jurisdiction of superiorcourts can be invoked by a person as Pro Bona Publico, hence,petitioner is litigating in public interest for public good or for thewelfare of the general public. Petitioner in public interestlitigation can agitate relief on his behalf and also on behalf of thegeneral public, against various public functionaries on theirfailure to perform their duties relating to welfare to public atlarge, 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 thatlegislature has to impose certain restriction in the interest of theglory of Islam?d.
 
Whether it is not a fact that legislature can lawfully imposerestrictions upon the freedom of speech and expression on thefollowing grounds, as described in the Article 19 i.e. in theinterest of :-
 
Glory of Islam,
 
Integrity, security or defence of Pakistan or any partthereof,
 
Friendly relations with foreign states
 
Public order, decency or morality or in relation tocontempt of court, and finally
 
Commission or incitement to an offence.e.
 
Weather it is not a fact that the constitution repeatedly mentionsabout the integrity, security and defence of Pakistan in articles 10(4), 10 (7) proviso, 62 (G) and 63 (G), that speaks volume thathow much significance / importance it gives to the fore mentionedconcepts?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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