Appearing before a three-member bench led by Justice Ejaz Afzal Khan, Director General Pemra Haji Adam testified, while submitting a list of television channels which had disseminated Nehal Hashmi's speech. He also submitted CDs and the transcript of Hashmi's speech aired by television channels. A member of the bench Justice Azmat Saeed Sheikh asked the DG Pemra why didn't he submit the transcript of the speech aired by a particular TV channel? The DG Pemra replied that he had submitted CDs and transcript of speech telecasted on 26 channels. However, Justice Azmat Saeed Sheikh observed that intentionally the CD and the transcript of that channel were not filed, which is irrelevant. "Don't cheat the court," Justice Sheikh observed. Defending DG Pemra, Attorney General for Pakistan, Ashtar Ausaf Ali said that no channel disseminated entire contents of Nehal Hashmi's speech. While reprimanding the DG Pemra, Justice Azmat Saeed Sheikh said if the transcript produced before the court does not contain the contents that have been aired by television channels then the court will send him to jail.
After Justice Azmat Saeed Sheikh's remarks, Ashtar Ausaf Ali stopped delivering arguments and returned to his seat; however, the head of the bench, Justice Ejaz Afzal Khan, asked him to resume.
The counsel for Hashmi, Hashmat Habib, apprised the court that his client cannot bear the expenses to produce witnesses from Karachi, to which Justice Ijazul Ahsan observed that at first Hashmi committed contempt and now he says that he can't bear the expenses.
"Prima facie it appears that Hashmi has committed contempt," observed Justice Ijazul Ahsan. Habib pleaded that prosecution in the current case has submitted a list of witnesses, alleging that television channels have twisted facts. Upon which he has also filed application against the channels. Responding to Habib's plea, Justice Ijazul Ahsan observed the counsel intended to say that his client is innocent and television channels are responsible for wrongdoing. Habib contended that the apex court's registrar has not mentioned in his note that Hashmi committed contempt of court, to which Justice Ijazul Ahsan observed if the registrar didn't mention then it is no problem, as the whole Pakistan knows about the fact. Responding to Habib's contention why the apex court didn't initiate contempt proceedings against Chairman Pakistan Tehreek-e-Insaf Imran Khan, Justice Azmat Saeed Sheikh remarked that there is no such petition before the court.
Justice Azmat Saeed Sheikh said that the bench would decide the matter in hand on the basis of evidence and in accordance with the law, saying full opportunity would be given to Hashmi to defend himself. Later, issuing directives to Hashmi to produce defence witnesses, the court adjourned the hearing of the matter till August 21.
Copyright Business Recorder, 2017