To, Secretary Council of Compliants / Regional General Manager PEMRA REPLY ON THE BEHALF OF Mr ARSHAD SHARIF (The Host) PROGRAMME, POWER PLAY, 1, That the complainant has alleged that during the programme, Arshad Sharif (the host) aired a fabricated news story alleging initiation of @ report by Intelligence Bureau (IB) and displayed a fake document with regard to linkages of 37 parliamentarians, with defunct and militant organizations. 2. The Host version is that the document and the list that was published in the programme “Power Play” was authentic and obtained from a credible journalistic source. The information disclosed and journalistic analysis made by the Host in the programme was his professional responsibilty; that information regarding the ilegsl conduct of the Intelligence Bureau should be available in the public domain. ‘The Director General Intelligence Bureau, MrAftab Sultan was the or architect of the document. Mr Sultan wrote this letter on the directions of then Prine Minsiter Nawaz Sharif following a series of meeting in June andl July 2037 with the Prime Minster. Asa result of these meetings, Mrdftab Sultan tried to use institutional resources for the benefit of Sharif family. The Prime Minister then Nawaz Sharif was worried about formation of a forward block in PMLN which was ready to ditch the ruling party It was also widely reported in the print media that around 40 PML-N MNAs were in touch with the senior leader of PML-O. Moreover, @ number of newspapers reported that the then Prime Minister has directed intelligence agencies to monitor and tap the phones of ruling party parllamentarians,re (The transcript of the programme Power Play for 25 and 27 September 2017 is attached as Annexure A) (The report published by Marvi Sirmed on 13 July 2017 in Daily Times is attached as Annexure A1) {A similar story was also published in the Nation, Forward Block already exists {in PML-N on July 14, 2017 is attached as Annexure B) (ominous Sign: Forward Block in mi ing ?, published in Pakistan Today on July 18, 2017 is attached as Annexure C) 3. Mr Aftab Sultan, who owes his multiple extensions in service as DG IB to personal loyalty to the then M Nawaz Sharif, drafted and implemented the Memorandum to appease then Prime Minister forgetting that he was heading a national institution. Reports of monitoring of parliamentarians and politicians, who were suspected to “Form a Forward Block” in PMLN were conveyed to the then Prime Minister and also find mention in a summary put up to the then Prime Minister in July 2017. The Aftab Sultan has a close affiliation with the ruling party, he was been rewarded multiple time through extensions, despite the facts that the’ Supreme Court of Pakistan in various judgments has categorically mentioned that Civil Servants shall not be given extensions in thelr job. Many names in the priority basis monitoring list of DG IB Aftab Sultan letter/ Memo included parliamentarians who, in a July 2017 report to the then PM, were ident ied 0s Disgruntled party leaders as well as many erstwhile PMLQ elements who joined PMLN and are learnt to be holding meetings in this regard. The circumstantial evidence available in public domain and the list of 37 parliamentarians made by the IB included such parliamentarians who were put on monitoring list.= (The news regarding extension given to DG Intelligence Bureau is attached as Annexure D) (The list of Disgruntled MNAs who changed their politi I loyalties from PMQ- PML-N is attached as Annexure D1) 4. Mr Aftab Sultan has a chequered history regarding. retracting his statements and misleading the Superior courts and_ Standing Committees of Parliament When the I8 Chief was summoned by the Senate Committee to respond to privilege motion moved by Senator Salim Mandviwala, MrMandviwala showed the copy of an internal communication of the Bureau carrying a directive about the tapping of Senators and MNAs mabile phone, the IB Chief MrAtfab Sultan termed the internal memo showed by Mr Mandviwala bogus and fake, This shows the credibility and bad character evidence of MrAftab Sultan, DG IB, who openly mislead the Honorable Standing Committee members, The Intelligence Bureau accepted in the Supreme Court of Pakistan that as a matter of routine it collects information on all important persons. That parliamentarians are included in the list of of important personalities over others Is mentioned in Warrant of Precedence for Pakistan, (The news regarding misleading the members of Senate Standing Committee Is attached as Annexure E) (The Notification regarding warrant of precedence for Pakistan is attached as ‘Annexure E1) {The news published by Dawn regarding the claim of IB Chief that collection of details on important individual was a routine matter is attached as Annexure 2)=f 5. The IB which is supposed to be an independent Spy agency under the law and Constitution of Pakistan, deplorably has become a subservient ofthe ruling party The alleged survellance of members of the joint Investigation Team (JT) by the government Controlled intelligence Bureau (IB) was also questioned by the Supreme Court , who sought Attorney General (AG) assistance in determining what legal backing the bureat' has to become ‘ Private Sleuths’. In the panama papers case the Honorable Judges were highly critical about the role of 1B and ‘their authority to harass the members of JIT members. The Intelligence Bureau (1B) made an admission before the Supreme Court of Pakistan in Panama Case that they were spying on the members of JIT and their family without any authorization { The remarks and observation made by the Honorable judges about the non profession and illegal conduct of IB Chief is attached as Annexure €3) All these actions taken by the 'S Is contrary to the Constitution of Pakistan and Infringes the fundamental richts which are enshrined In the Constitution of Pakistan, (The News published in Dawn on 20" June 2017 with the title ' when did IB men become private spies’, ask $C Is attached as Annexure F) 6. The Intelligence Bureau (IB) is alsa involved in phone tapping of telephone of common citizens , politicians belonging to various opposition members and politicians which isa direct violation of Article & and Article 14 of the Constitution ‘of Pakistan, The I8 chief has been summoned before Superior Courts and Senate Standing Commitee ; a privilege Motion was also moved regarding the taping of telephone calls of the Parliamentarians. However, the IB chief has not given any satisfactory news regarding this issue in any forum. thas also been admitted by the IB before the Supreme Court of Pakistan it has tapped over 5000 phones ‘number across the country in year 2015.(The minutes of the meeting of the committee on Rules of Procedure and Pr ileges ls attached as Annexure F3) (The news published in Dally Times on 3 October 2017 ‘ Lawmakers Summon 18 106 over tapping of telephone’ Is attached as Annexure F2) (The Express Tribune Story dated May 22, 2015 regarding over 5,000 phone being tapped by 8, SC told is attached as Annexure F3) 7. The IW has become a rogue lateligence Agency under the leadership of DG ‘Aftab Sultan, it has tapped the phone of then ISI chief General Zahirulllam , this ‘was alleged by culing party senator MushahidUllah Khan in an interview with BBC veda. (The Copy of the Interview given to BBC Urdu dated 15 August 2015 by Mr Senator MushahidUllah Khan is attached as Annexure 6) 8. The phone tapping and spying conducted by the 18 on the common citizens and politicians forthe support and use of culing family is a violation of the mandate of 1B and Constitution of Pakistan, The 1B has deployed and bought phone tapping soft ware and equipment at the expense of tax money, The Wiki Leaks has clsclosed that massive scale of communication surellance conducted by Pakistan Investigation agency. It has been disclosed in the Wiki Leaks that “their ( Pokistar lnteligence agencies ) communication surveillance powers, including spying on opposition politicions and Supreme Court Judges. Widespread Internet monitoring and censorship has also been used to target journalists, lawyer ond activists.” 9, The privacy international report highlights that Pakistan's intelligence agencies has purchase products and services to allow them to expand their surveillance=e abilities, to infiltrate the digital devices and computers of citizens, from international spyware firms. (The Wiki Leaks Report regarding unlawful interception: Pakistan's Intelligence ‘agencies, Hacking Team & the abuse of communication surveillance powers Is, attached as Annexure G1] (The Report on commerclalization of Digital Spying Is attached as Annexure G2) 10, In the case of Air Marshal [Retd) Asghar Khan, reported as 2012 SCMR 2008 Supreme Court, ¢ was held that Inteligence agencies had no role to play in the political affairs of the country; involvement of the officers and members of secret agencies unlawful politcal activities, individually and collectively called for strict, action, being violative of oath of thelr offices, and if involved, they were liable to be dealt with under the Constitution andthe law. The role played by the present Inteligence Burea (1) under the command of Aftab Sultan i of direct violation of his oath of office and cal for strict criminal and diseipinary action, 11, The 18 has plotted fake story that in programmme, Power Play Arshad Sharif (the host) sed a fabricated news story alleging initiation of a report by Intelgence Bureau (IB) and displayed a fake document. The sole purpose ofthis planted storys to undermine the ereibility and unblemished record of Mr Sharif 425 4 Journalist. (The host) has played a leading role in highlighting the corrupt practices, nepotism, bad govemance and unethical practices of the present ‘government, The al -ged fake story Is also an attempt to stifle the Freedom of Expression, which (the Host) enjoys under Article 19 of the Constitution 12. A comparative examination of signatures of Mr Aftab Sultan on the documents makes it evident that they are from the same person. A forensic ‘examination of the sienatures of Mr Aftab Sultan on the directives of council of‘complaints and court of law would be revealing. Sample documents are attached and even a cursory examination reveals the signatures to be the same. This factual controversy shall he resolved through tral, as council of complaints is not the forum nor have jurisdiction to resolve this question of fac, 43, The Bias of Federal Government and cabinet is clear as without conducting any judicialingusitorial enquiry assals “fake news about Nawaz Sharif Order to Bureau’, The Prime Minstar directions to Law Minster to probe the Issue and ensure actions against the channels through PEMA clearly depicts the executive control over PEMRA and malafide of IB in taking action against ARY News. (The Copy of the News published regarding Cabinet meeting published by Dawn ‘on 27 September 2017 is attached as Annexure H) 14, A Former Deputy Director General of Intelligence Bureaw in a programme aired on Waqt News on September 28, 2017, sald that the letter appeared to be ‘genuine and such actions are taken by the Intelligence Bureau, (The Copy of the transcript of Wagt News and CD Is attached as Annexure H1) 15, The Host of the programme as a responsible journalist contacted sources within the inteligence Bureau to verify the signature and authenticity of the letter and aired the same after verification. Since there Is no designated official Spokesperson of Intelligence Bureau, the Host relied an sources in good faith and in. public interest to air the Information as a qualified privilege under constitutionally guarantead ight rights of freedom of the press which is ‘embedded in our Constitution, PRAYER‘These ll facts and circumstances demands that following Orders may be made: 1, That the complaint against Mir Arshad Sharif and ARY News may be dismissed. 2, That. judicial commission may be formed to confirm the authenticity of alleged fake documents |arshad Shatit Investigative Journalist / Anchor Theough a We Iw. gfidgib Raarad— ‘Advocate High Court Aditi eh lawad Khalid Niazt ‘Sobah Hayat Boted : 05-10-2017aM 2017 F 27k wig Washoe se uFI tA tye eeu! 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