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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, 177A, 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-eAzam, 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 Pakistans 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 SAFMAs 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. Pakistans 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 Pakistans 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

FILED 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

Ejaz Muhammad Khan


Advocate-on-Record Supreme Court of Pakistan

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