IN THE SUPREME COURT OF PAKISTAN 
 
   (Appellate Jurisdiction) 
 
 
 
 
Present: 
 
 
Mr. Justice Jawwad S. Khawaja 
Mr. Justice Khilji Arif Hussain 
 
CMA No. 1674/13 in Constitution Petition No. 105/2012 and  
Const. P. 104/12 and CMA 3464/12 
AND 
Constitution Petition No. 105/12 alongwith CMAs 3795 & 3798 of 2012, 
HRC No. 23957-S/12 and Const. P. 53/2012 
 
 
AND 
Constitution Petition No. 117/12. 
 
Mir Hamid and another. 
 
 
… 
Petitioner(s) 
 
 
 
 
 
Versus 
 
Federation of Pakistan etc. 
 
 
… 
Respondent(s) 
 
For the petitioner(s):  
Hamid Mir, & Absar  Alam  (both inperson) 
 
For the petitioner(s):  
Mr. Muhammad Akram Sheikh Sr. ASC &  
(In Const.P.53/12) 
 
Dr. Tariq Hassan, ASC 
Syed Safdar Hussain, AOR 
 
For the petitioner(s):  
Nemo 
(In Const.P.104/12) 
 
 
 
For the petitioner(s):  
Nemo 
(In Const.P.117/12) 
 
 
 
For the respondent-1:  
Mr. Nasir Jamal, DG & Rashid Ahmed (Secy.) 
 
 
 
 
Muhammad Azam (Press Information Officer) 
 
For the respondents, 2-3: 
Mr. Hasnain Ibrahim Kazmi, ASC 
For the respondent, 4:  
Syed Zahid Hussain Bukhari, ASC 
For the respondent, 5:  
Ch. M. Hanif Khatana, Addl. A.G. Pb. 
For the respondent, 6:  
Nemo. 
For the respondent, 7:  
Mr. Naveed Ihsan & Mr. Asif Hussain. 
For the respondent, 8:  
Nemo 
For the Province of KPK: 
Syed Arshad Hussain Shah, Addl. A.G. 
For the Federation: 
 
Mr. Dil Muhammad Khan Alizai, DAG 
For USF: 
 
 
Raja Aamir Abbas, ASC 
 
For the respondent-11 & 
Mr. Yasin Azad, ASC 
Value TV: 
 
 
Raja Muqsat Nawaz, ASC 
 
 
 
 
 
Mr. Arshad Sharif, Bureau Chief, DUNYA TV. 
 
 
 
 
Mr. Ghulam Nabi, President, Press Association SC. 
 
 
 
 
Mr. M. Hanif Awan, in person (CMA 3464/12) 
 
 
 
 
Nemo (HRC 23957-S/12) 
 
For ECP 
 
 
Mr. Ishtiaq Ahmed Khan, Secretary  
 
Const. P. 105 of 2012 etc. 
2 
For M/s Vision Network: 
Mr. Adnan Iqbal Chaudhry, ASC 
For M/s AURORA: 
 
Mr. Munir A. Malik, Sr. ASC 
For Express TV: 
 
Nemo. 
For VIVE TV:  
 
Nemo 
For PTV: 
 
 
Mr. Shahid Mehmood Khokhar, ASC 
For Punjab TV: 
 
Nemo. 
For PEMRA:  
 
Hafiz S.A. Rehman, Sr. ASC (In Const.P.104/12) 
For Airways Media:  
Nemo. 
For ARY: 
 
 
Nemo. 
For Cable Operators:  
Dr. Amjad Hussain Bukhari, ASC 
For Pakistan Broadcasters: 
Nemo. 
(In CMA 3464/12) 
 
Mr. M. S. Khattak, AOR 
For Indus Television:  
Tariq Ismail. 
Date of hearing: 
 
02.04.2013 
 
 
 
 
 
O R D E R. 
 
 
 
Jawwad S. Khawaja, J. On 28.3.2013, we had passed an order wherein it had been 
noted that the two-Member Commission appointed by the Court had submitted its report 
on ToR No. F. This ToR mandated the Commission “to enquire into allegations of media related 
corruption and suggest steps to ensure impartial and independent media for the upcoming 
elections”. The report on ToR No.F is dated 21.3.2013. Notice was issued to the Election 
Commission of Pakistan. Mr. Ishtiaq Ahmad Khan, Secretary ECP has appeared. He states 
that the ECP is already seized of the matter relating to the media Code of Conduct 
particularly in the context of the forthcoming elections. A draft Code of Conduct has been 
prepared by the ECP whereas another draft has been proposed by the media bodies and 
personnel. The ECP is considering these two draft Codes of Conduct. The report on ToR 
No. F, which has been filed in Court by the worthy Commission, shall also be handed over 
to the ECP and the parties in these proceedings. The ECP shall, therefore, take into 
consideration, in its deliberations, the report/recommendations of the Commission while 
finalizing the Code of Conduct for the media. Since the activities in relation to the elections 
have already commenced wherein political parties and others are actively engaged, it is our 
expectation that the ECP shall revise and issue its Code of Conduct. According to the 
Secretary, ECP, this exercise shall be completed within one week from today. Order 
accordingly. 
Const. P. 105 of 2012 etc. 
3 
2. 
Vide order dated 20.12.2012, we had directed that the Ministry of Information and 
Broadcasting shall submit details of the secret funds in Court. We had also observed that, if 
at all, the Ministry claimed privilege against disclosure of information, it shall disclose the 
basis for claiming such privilege. Para 13 of our order dated 20.12.2012 was passed in the 
following terms:- 
“Prima facie, while the Ministry may claim privilege from making public 
disclosure of certain parts of its budget, such privilege is not automatically 
available to the Government. It must be claimed from the Court. Information 
for which secrecy is sought must be clearly marked and the reasons for 
seeking secrecy must also be clearly stated. The Court can then make a 
determination on this point in line with the law and the Constitution”.  
 
The Ministry shall do the needful before the next date of hearing.  
 
3. 
Other Ministries also statedly were utilizing funds without disclosure. We have also 
received an application (H.R.C No.12076-S/2013) wherein it has been alleged that a 
summary has been approved for making payment of very heavy amounts for the purpose 
of advertisements in a media campaign. It is also alleged that these funds are likely to be 
disbursed in violation of rules. It has been further alleged that the summaries in respect of 
disbursement of substantial amounts was approved after the expiry of the term of the 
previous government. The learned DAG shall ascertain the correct factual position and 
submit a report before the next date of hearing. Until the next date of hearing, 
disbursement to any advertising agent/media house shall not be made. The learned DAG 
shall provide particulars of any such summaries which may have been approved starting 
from 10.3.2013. 
4. 
To come up on 8.4.2013.     
 
 
 
 
 
 
 
 
 
 
 
Judge 
 
 
 
 
 
 
 
 
 
 
 
            Judge 
Islamabad,  
2nd April,2013 
A.Rehman 
 
