IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
PRESENT: MR. JUSTICE MIAN SAQIB NISAR, HCJ 
 
 
MR. JUSTICE SH. AZMAT SAEED 
 
 
MR. JUSTICE IJAZ UL AHSAN 
 
 
SUO MOTO CASE NO.10 OF 2018 
Suo Moto Action regarding order passed by the Lahore 
High Court temporarily barring TV Channels from 
Broadcasting Anti-Judiciary Speeches. 
 
In Attendance: 
 
Mr. Ashtar Ausaf Ali, AGP. 
 
 
 
 
Mr. M. Waqar Rana, Addl. AGP. 
 
 
 
 
Mr. Salman Akram Raja, ASC for PEMRA 
Sardar Ahmed Nawaz Sukhera,  
Secy. M/o Information & Broadcasting. 
 
 
 
Mr. Ashfaq Jummani, Sr. Member, PEMRA.  
 
Date of Hearing:  
17.04.2018 
 
ORDER 
 
 
 
MIAN SAQIB NISAR, CJ-. We took Suo Motu Notice 
in this matter on account of media reports and panel 
discussions on various media channels based on an order dated 
16.04.2018 passed by a Full Bench of the Lahore High Court, 
Lahore. A false impression was intentionally sought to be 
created amongst the general public by such news reports as 
well as panel discussions that Muhammad Nawaz Sharif (ex 
Prime Minister of Pakistan) and his daughter Ms. Maryam Safdar 
had been directed to be taken off air and Pakistan Electronic 
Media Regulatory Authority (PEMRA) had been directed to stop 
broadcasting of speeches made by the said persons. Further, it 
was categorically stated that the learned High Court had 
banned airing of anti judiciary speeches by a large number of 
persons including Muhammad Nawaz Sharif and Ms. Maryam 
Safdar.  
 
2. 
 
A false impression was also sought to be created that 
the fundamental right to freedom of speech enjoyed by all 
citizens and guaranteed by the Constitution has been curtailed, 
restricted or diminished through the said order.  
 
SUO MOTO CASE NO.10 OF 2018 
 
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3. 
 
We have summoned the order of the learned High 
Court and carefully gone through the same. Perusal of the said 
order indicates that PEMRA which is a regulatory authority of 
broadcasters has been directed to implement the law in terms of 
Article 19 of the Constitution of the Islamic Republic of 
Pakistan, 1973 read with Section 27 of the Pakistan Electronic 
Media Regulatory Authority Ordinance, 2002 and Section 2(j) of 
the Electronic Media (Programmes and Advertisements) Code of 
Conduct, 2015. Further, PEMRA has been directed to decide 
various applications moved by a number of applicants for 
enforcement of law against hate speech within a period of 15 
days.  
 
4. 
 
There is nothing in the order which even remotely 
directs or obligates PEMRA to ban Muhammad Nawaz Sharif 
and Ms. Maryam Safdar or any body else. The media 
speculation, panel discussions and press reports appearing on 
various channels and media outlets and in various newspapers 
today are incorrect, baseless and unsubstantiated. The 
opinions, verbal or in writing have clearly and obviously been 
expressed without even reading the contents of the order of the 
High Court. 
 
5. 
 
We have confronted the learned Attorney General for 
Pakistan as well as the learned counsel appearing on behalf of 
PEMRA if the order in question in any manner imposes a ban, 
embargo or restriction on Muhammad Nawaz Sharif and Ms. 
Maryam Safdar or any body else. They have frankly conceded 
that this is not the case and the contents of the order do not 
support any such conclusion. They agree and acknowledge 
without any reservation whatsoever that as guardians of the 
Constitution and custodians of fundamental rights the superior 
Courts of the country are mandated and obligated to ensure 
that fundamental rights are protected and enforced with full 
force and vigor with all their manifestations and strictly in 
accordance with the letter and spirit of the Constitution and the 
law.  
 
SUO MOTO CASE NO.10 OF 2018 
 
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6. 
 
We had also issued notices to Muhammad Nawaz 
Sharif and Ms. Maryam Safdar and had directed the learned 
Attorney General for Pakistan to convey the same to the said 
persons to enable them to arrange their representation. None 
has appeared on their behalf. However, learned counsel 
appearing on behalf of other Respondents and the Attorney 
General for Pakistan, after going through the order, agree that 
there is nothing in the order that can even remotely be 
interpreted to mean or imply that a ban has been imposed on 
the said persons or taking them off-air. All learned counsel 
unanimously agree that as the regulator for electronic media, it 
is the duty of PEMRA to enforce the law as provided in Section 
27 of the Ordinance, 2002 read with Section 2(j) of the Code of 
Conduct ibid and the order in question merely reiterates the 
said position.  
 
7. 
 
Having satisfied ourselves that the order of the 
learned High Court, referred to above, does not in any way curb, 
restrict, curtail or diminish the fundamental right of freedom of 
speech as enshrined in Article 19 of the Constitution and 
merely directs PEMRA to enforce the law which it is obliged to 
do and decide the applications pending before it relating to hate 
speech against any and all organs of the State, we are inclined 
to dispose of this Suo Motu Notice. Disposed of accordingly.  
 
 
CHIEF JUSTICE 
 
 
 
JUDGE 
 
 
 
JUDGE 
 
 
ISLAMABAD, THE 
17th April, 2018 
ZR/* 
NOT APPROVED FOR REPORTING