arshad sharif petition in sc challenging list of 19 journalists as beneficiaries of bahria town

7/31/2019 Arshad Sharif Petition in SC Challenging List of 19 Journalists as Beneficiaries of Bahria Town

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IN THE SUPREME COURT OF PAKISTAN(ORIGINAL JURISDICTION)

CMA No.________/2012In

Constitution Petition No. 105/2012

Hamid Mir and another.Petitioners

VERSUS

Federation of Pakistan etc.Respondents

APPLICATION ON BEHALF OFMUHAMMAD ARSHAD SHARIF S/O MUHAMMADSHARIF (LATE), SENIOR-ANCHOR/BUREAUCHIEF, DUNYA TV, HOUSE NO 20, MAINMARGALLA ROAD, SECTOR F-6/3 UNDER ORDER VRULE 2 (2) READ WITH ORDER XXXIII, RULE 6 OFTHE PAKISTAN SUPREME COURT RULES, 1980,

FOR HIS IMPLEADMENT AS PARTY IN THE CASE,IN THE INTEREST OF JUSTICE

Respectfully Sheweth:-

1. That the applicant is a law abiding citizen of the Islamic Republic

of Pakistan and is associated with print and electronic media for

more than a decade. That the applicant holds a Masters degree in

Media Studies with Distinction from the United Kingdom and a

Masters degree in Public Administration from Quaid-i-Azam

University Islamabad; is Council Member of National Press

Club; and according to Rule 5 of PFUJ Constitution is a full time

working journalist who has no other source of income except the

salary from the news organizations he has worked with. The

applicant is currently working as Senior Anchor and Islamabad


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Bureau Chief of Dunya TV and has previously worked with

DawnNews TV as Senior Anchor and Islamabad Bureau Chief;

International News Agency Reuters, Dawn newspaper, The

News, Managing Editor Pulse Weekly and Online International

News Network since 1993. The applicant was the overall winner

of Agahi Award 2012.

2. That the applicant is a tax paying citizen of Pakistan and is

aggrieved by attempts to malign, defame and damage his

credibility through a fake list of 19 journalists which first started

circulating on the internet in June 2012 alleging that the

petitioner was promoted as Bureau Chief of Dunya TV on the

recommendation of Respondent No. 4 and Respondent No 5 and

allegedly received Rs85 Lakh in two installments from

Respondent No 5. That the applicant pleads the Supreme Court

to clear his name from the preposterous allegation that he was

allegedly promoted as Bureau Chief of Dunya TV on

recommendation of Respondent No 5 as he was already working

as Bureau Chief of DawnNews TV in Islamabad before joining

Dunya TV, so the question of promotion on someones

recommendation does not arise at all. Before joining Dunya TV,

the petitioner had offers from leading channels, including offers

of appointment as Director News, but could not avail them due

to family circumstances and being unable to relocate at that time

from Islamabad. Dunya TV was among one of the channels


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which had offered him the job in Islamabad and he availed the

opportunity in December 2011. In fact it is a matter of record

that the applicant was the only journalist who probed and aired

programmes about illegalities of Respondent No 4 and

Respondent No 5 when no one in the media dared to touch the

Respondent No 5 even with a barge pole in 2010.

3. That the petitioner vehemently denies that he received Rs85

lacs in 2 Installments and money was transferred from UBL

Account No: 37100154. The allegations is baseless, defamatory

and an attempt to tarnish the petitioners credibility and

journalistic credentials as it is alleged that money was

transferred from a UBL account but it does not mention to which

account the money was transferred to or to any account related

to the applicant.

4. That the applicant, having CNIC 3740505113939, is a salaried

taxpaying citizen of Pakistan with NTN No 2041042-5 and

Respondent No 6 could verify the same. Moreover, Pakistan

Federal Union of Journalists (PFUJ) has probed the matter and

the findings of the probe be made available to the Honourable

Supreme Court about the fake list of 19 journalists.

5. That the applicant had publically declared that he would

approach the Honorable Supreme Court to protect his


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Fundamental Rights as enshrined in Article 14 and Article 19 of

the Constitution after attempts were allegedly made to usurp the

same by including his name in a fake list of alleged beneficiaries

of Respondent No 4 and Respondent No 5.

6. That since June 2012 a conspiracy to malign the independent

judiciary and free media was put in motion through

unsubstantiated allegations and the inclusion of applicants name

in a fake list as alleged beneficiary of Respondent No 4 and

Respondent No 5 is part of the same campaign.

7. That power of money and its use by different power players to

influence the content of news and current affairs programming

cannot be ignored which runs contrary to a citizens fundamental

right to get accurate and unbiased news without censorship.

Respondent No 4 and Respondent No 5 have been using the

power of advertisements in an attempt to influence the media, to

avoid negative stories and paid millions of rupees to different TV

channels in a specific time frame.

8. That media, which has a fundamental duty of upholding public

trust, has become a profit centre and has benefitted to the tunes

of billions in the shape of tax evasions, loan write offs,

government land allocations and lucrative appointments since

independence. The Corporate media has benefitted from tax


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payers money contrary to principles of equality by using the

power and influence of media houses. The details of different

media houses benefitting from government largesse, occupation

of government land, tax evasion be made available to the

Honourable Supreme Court by Respondent No 1.

9. That media houses are expanding on the basis of profits but the

media workers are denied increments, have no job security and

journalists are still deprived of wage awards despite Court

directives.

GROUNDS

In view of the above submissions, the applicant submits the

application for impleading him as a co-petitioner in the above noted

petition on the following amongst other grounds:

a) That the applicant has same interest in the petition.

b) That the applicants presence before this Honorable Court is

necessary to enable it to effectively and completely adjudicate

upon and settle all questions involved in the petition, so he is a

proper party, if not necessary.

c) One of the objects to implead such person as the applicant is to

prevent needless multiplicity of petitions.


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d) That it would protect the interests of the applicant.

e) Impleadment would allow this Honorable Court a full and final

adjudication of the controversy.

f) Applicant is not an un-connected person to the controversy.

It is, therefore, respectfully prayed that the applicant may

kindly be impleaded as party in the case, in the interest of justice.

Applicant-in-Person

Muhammad Arshad Sharif,Senior-Anchor/Bureau Chief,

Dunya TV, House No 20,Main Margalla Road,

Sector F-6/3, IslamabadMobile: 03018565455/03444448020

Dated: 02-08-2012


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CMA No.________/2012In



VERSUS


AFFIDAVIT OF FACTSApplicant-in-Person

Muhammad Arshad Sharif,Senior-Anchor/Bureau Chief, Dunya TV, House No 20,

Main Margalla Road, Sector F-6/3, IslamabadMobile: 03018565455/03444448020

I the above named deponent do hereby solemnly affirm and declare asunder:-

1. That the facts as contained in accompanying CMA for

impleadment as party in the case, are true and correct to the best of my

knowledge and belief and that noting material has been kept

concealed.

2. That the said facts have been obtained from the perusal of therecord.

SWORN at Islamabad on this 02nd day of August, 2012

DEPONENT


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CMA No.________/2012In



VERSUS


AFFIDAVIT OF SERVICEApplicant-in-Person

Muhammad Arshad Sharif,Senior-Anchor/Bureau Chief, Dunya TV, House No 20,

Main Margalla Road, Sector F-6/3, IslamabadMobile: 03018565455/03444448020

I, the above named deponent, do hereby solemnly affirm and declareas under:-

That I did serve the parties of my having filed CMA for

impleadment as party in the case, in the above noted petition, in the

Supreme Court of Pakistan at Islamabad.

SWORN at Islamabad on this 02nd day of August, 2012

DEPONENT


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CMA No.________/2012In



VERSUS


NOTICETo,

M. S. KhattakAdvocate-on-RecordSupreme Court of PakistanIslamabad

Please take notice that I have today CMA for impleadment

as party in the case, in the above titled petition, in the Supreme Court

of Pakistan at Islamabad.

Applicant-in-Person

Applicant-in-Person

Muhammad Arshad Sharif,Senior-Anchor/Bureau Chief,

Dunya TV, House No 20,Main Margalla Road,

Sector F-6/3, IslamabadMobile: 03018565455/03444448020Dated: 02-08-2012


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CMA No.________/2012In



VERSUS


Counsel for the Petitioner: Petitioner-in-PersonWith M. S. Khattak, AOR

Counsel for the Respondent:

Counsel for the Applicant: Applicant-in-Person

INDEX

Sr.

No.Description Date

Page

No.

1 CMA for Impleadment as Party in the case 02-08-2012 1-62 Affidavits of Applicant 02-08-2012 7-8

Certified that the paper book as bound is complete and correct

Applicant-in-Person

Muhammad Arshad Sharif,Senior-Anchor/Bureau Chief,Dunya TV, House No 20,

Main Margalla Road,Sector F-6/3, Islamabad

Mobile: 03018565455/03444448020Dated: 02-08-2012

Application of behalf of Muhammad Arshed Sharif for his impleadment as party


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arshad sharif petition in sc challenging list of 19 journalists as beneficiaries of bahria town

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