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through the TV channels, illegal use of Indian channels, cellular network and
internet’, the Supreme Court ordered Pemra to take steps necessary to stop
the spread of obscenity.
The court was surprised to hear from the acting chairman of Pemra that
the government had no policy to monitor TV programmes, nor did it have a
definition of obscenity. When he said obscenity and vulgarity were relative
terms, interpreted differently by different people, the court referred him to the
Pemra Ordinance and the Code of Conduct which prohibited airing of obscene
or pornographic material.
The court was quite critical of the prevalence of vulgarity on TV channels
and told Pemra to do its duty. It also objected to the airing of programmes
against the judiciary. “The court is aware of programmes solely aimed at
maligning the judiciary,” the CJ observed.
The Deputy Attorney General present requested the court to also take
notice of programmes that parodied politicians and party leaders. The Chief
Justice observed these programmes were in good humour and people enjoyed
watching them. Justice Tariq Pervez concurred.
Qazi Husain Ahmed’s counsel requested the court to set up a commission
to define obscenity and examine the programmes that ridiculed the judiciary.
The court did not agree and gave the Pemra head time to do some research.
The case remained pending.
Administration of justice
Appointment of judges
The procedure for appointment of superior courts’ judges laid down in
the 18th Amendment continued to pose problems. In view of the Judicial
Commission’s insistence that the parliamentary committee could not block or
reject its nominees the provision for parliamentary oversight became practically
redundant.
On two occasions the judiciary-executive tension on this subject caused
wide concern. After Prime Minister Gilani had been ousted from his office the
SC CJ realized the court did not have the strength to hear his appeal, as several
SC judges had excused themselves from hearing the matter. The CJ indicated
the need for the appointment of an additional and an ad hoc judge of the SC to
meet the situation. The idea was strongly opposed by lawyers’ representatives
and ultimately it was dropped.
When the CJ of the Islamabad High Court was being elevated to the SC
the appointment of his successor became a contested issue. The Judicial
Commission recommended Justice Kasi for the position while the President
thought Justice Riaz Ahmad, being senior to Justice Kasi, deserved to be
promoted. He filed a reference before the SC which was heard at length. But
before this reference was disposed of the SC, acting on a new petition, ordered