| Citation(s) |
|---|
| 2016 SLG 1194 2016 SLD 1194 2016 PLD 692 |
Supreme Court of Pakistan
Civil Appeal No,1-K of 2016, 13/6/2016
MIAN SAQIB NISAR, JUSTICE, UMAR ATA BANDIAL, JUSTICE, AND MAQBOOL BAQAR, JUSTICE
Khalid Javed Khan, Advocate Supreme Court and A.S.K. Ghori, Advocate-on-Record (absent) for Appellants.Muhammad Hanif Kashmiri, Advocate Supreme Court and Mazhar Ali B. Chohan, Advocate on-Record for Respondnets.
Civil Appeal No,1-K of 2016, 13/6/2016
MIAN SAQIB NISAR, JUSTICE, UMAR ATA BANDIAL, JUSTICE, AND MAQBOOL BAQAR, JUSTICE
Khalid Javed Khan, Advocate Supreme Court and A.S.K. Ghori, Advocate-on-Record (absent) for Appellants.Muhammad Hanif Kashmiri, Advocate Supreme Court and Mazhar Ali B. Chohan, Advocate on-Record for Respondnets.
PAKISTAN BROADCASTERS ASSOCIATION and othersVSPAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY and others
Law:
Section:
(a) Constitution of Pakistan --------- ----------Art. 19---------Freedom of speech---------Scope and significance---------Freedom of speech went to the very heart of a natural right of a civilized society to impart and acquire information about their common interests; it helped an individual in self accomplishment, and led to discovery of truth; it strengthened and enlarged the capacity of an individual to participate in decision making, and provided a mechanism to facilitate achieving a reasonable balance between stability and social change. (b) Constitution of Pakistan --------- ----------Art. 19---------Freedom of media---------Significance---------Concept of freedom of media was based on the premise that the widest possible dissemination of information from diverse and antagonistic sources was sine qua non to the welfare of the people---------Such freedom was the foundation of a free government of a free people---------Any attempt to impede, stifle or contravene such right would certainly fall foul of the freedom guaranteed under Art.19 of the Constitution. (c) Constitution of Pakistan --------- ----------Part. II, Chap. 1 [Arts. 8 to 28]---------Fundamental Rights, regulation of---------"Reasonable restrictions"---------Scope---------Legislative powers conferred on the State functionaries could be exercised only to regulate Fundamental Rights through reasonable restrictions, and that too only as may be mandated by law and not otherwise---------Authority wielding statutory powers conferred on it must act reasonably and within the scope of the powers so conferred---------"Reasonableness" in such context could not be defined with precision; it was neither possible nor advisable to prescribe any abstract standard of universal application of reasonableness, however, factors such as the nature of the right infringed, duration and extent of the restriction, the causes and circumstances prompting the restriction, and the manner as well as the purpose for which the restrictions were imposed were to be considered---------Extent of the malice sought to be prevented and/or remedied, and the disproportion of the restriction may also be examined in the context of…