Public Lawyers Front - PLF

09/01/2024

I spoke to DAWN about the intimidation of the journalists in Pakistan.

"Why do journalists get kidnapped?
“By targeting journalists, the state aims to suppress dissenting voices and solidify its narrative dominance, given that media outlets play a pivotal role in shaping public opinion,” says Usama Khawar , a lawyer and policy expert.

According to Khawar, the abduction of journalists can be understood within the Ideological State Apparatuses (ISA) theory put forward by French philosopher Louis Althusser.

“In this context, journalists are not only messengers but also symbolic figures representing the media as a crucial ISA.

“The kidnappings serve as a tool of fear and intimidation, discouraging critical reporting and ensuring that information aligns with the interests of the ruling establishment,” he explained.

Despite being part of civil society, the media can be a potential site of political struggle against hegemony, where journalists may challenge the prevailing ideology and Establishment’s material interests, Khawar added."

What impact do kidnappings have on democracy ?

“The suppression of journalists undermines the fundamental democratic values of open discourse and the public’s right to know,” Khawar said. “Such actions erode the checks and balances essential for a thriving democracy, limiting diverse perspectives and impeding the media’s role as a watchdog.”

Will things get better or worse for journalists with elections approaching?
Khawar is hopeful that the upcoming general elections on February 8 will allow a more open landscape for journalists and the media in general keeping in line with previous elections.

“The complex and fragmented nature of Pakistan makes it challenging for prolonged control and power exertion by any entity,” Khawar said, praising the media’s “remarkable resilience and tenacity in the face of state oppression.”

CPJ ranked Pakistan 11th on its index of countries with the worst records on prosecuting killers of journalists.

22/09/2023

Recently on of our members Usama Khawar authored this detailed profile of Chief Justice Qazi Isa. He has also highlighted the issues that go to the very heart of the independence of judiciary that must be taken up for fair and transparent adjudication by CJ Isa:

"Chief Justice Isa also faces an array of complex cases that challenge the interests of powerful entities such as the military courts’ conviction appeals, the Musharraf treason trial appeal, land acquisition by armed forces cases and the Ravi Riverfront Urban Development Project. These cases collectively represent a significant challenge to the previous practice of avoiding uncomfortable issues that challenge or threaten elite interests, and they will test Chief Justice Isa’s commitment to justice and the rule of law.

Chief Justice Isa faces immediate challenges related to provincial and general elections, the fate of military trials of civilians, and the controversy surrounding presidential assent to legislative amendments. His decisions on these pressing issues will have a profound impact on Pakistan’s political and legal landscape."

Justice Isa’s tenure as a jurist has been marked by a commitment to upholding democratic values, progressive Islamism and the rule of law.

17/08/2020

A constitutional writ petition has been filed before the Islamabad High (IHC) challenging the Citizen Protection (Against Online Harm) Rules 2020.

The petition has been moved by Advocate Usama Khawar ....
Expressing concern over the rules, the petitioner has requested the court to declare them ultra vires the Prevention of Electronic Crimes Act, 2016 and the Pakistan Telecommunication (Re-organization) Act, 1996, and fundamental rights of the citizens secured in the Constitution, namely, the right to access to information and freedom of expression, the doctrine of delegated legislation, and Pakistan’s international commitments and obligations.

According to Advocate Usama, “The office of National Coordinator has been given broad and sweeping powers affecting the fundamental rights of citizens. National Coordinator’s powers are dictatorial and no place in a democratic society.”

IHC moved against new rules for regulating social media by TLTP , (Last Updated 2 days ago) ISLAMABAD: A constitutional writ petition has been filed before the Islamabad High (IHC) challenging the Citizen Protection (Against Online Harm) Rules 2020. Chief Justice Athar Minallah is scheduled to hear....

20/05/2020

Appearing before the court, Additional Inspector General Kamran Adil revealed that an Investigation officer (IO) in Islamabad police is only paid Rs 350 as investigation allowance for each case. Justice Minallah noted that in that money the IO also has to take evidence to the forensic laboratory in Lahore.

Top court explains how to ensure fair criminal case trial

“By paying a meager sum of Rs 350 to the IO of a case, the system itself sets him up for corruption. This is a big failure of justice. Our priorities are wrong,” he said.

Asks govt to submit reply in justice system case within a week

13/04/2020

The Environmental Law Institute invites applications for the Jim Rubin International Fellowship. The application deadline for 2020 summer/fall fellows is April 17, 2020.

04/04/2020

"Freedom of speech is a most cherished right, guaranteed under the Constitution... State must be benign upon dissent and criticism of its citizens, no matter how crudely articulated or misplaced, on the issues of desecration of the right to life during war through opinions, though subjective, nonetheless, actuated by personal anguish; it must stand on surer foundations."

Supreme Court of Pakistan in Bail Granting Order in Sedition case.

02/04/2020

This Article by law professors from LUMS makes solid recommendations for ensuring Pakistan's medical community has adequate resources to handle the likely number of critical and severe patients of corona. This requires that the government dismantle existing barriers to access for crucial pharmaceuticals.

"First, Pakistan must immediately utilize the compulsory licensing provisions in international and domestic intellectual property law. This will allow us to obtain patented drugs and medical equipment at a lower, and perhaps manageable, cost. Second, the state must invoke emergency measures to manufacture and distribute drugs that have shown efficacy in treating acute Covid-19 cases.

Unlike in other places, we have yet to see private industry volunteer to shift production in a manner that addresses the current need. It is therefore incumbent upon the government to act to spur on manufacture as well as combat any hoarding or price gouging."

The coronavirus is a greater threat to national and global security than terrorism ever was. If we legislated, reinterpreted, and even twisted laws for antiterrorism, we must similarly explore the...

28/03/2020

Given extraordinary circumstances (Coronavirus pandemic, global emergency requiring "social distancing", which is not possible in jails) & High Courts' responsibility as guardians of fundamental rights, the Courts should not be worried about executive's "cheers & scowls". High Courts have ample powers u/A 199 of the Constitution 561A CrPC to safeguard right to life of prisoners and " secure the ends of justice."

Following IHC move, SHC and LHC adopt different approaches

28/03/2020

Here is the Press Release by the Leadership of Legal Fraternity on Prisoner Release Issue:

Vice Chairman, Pakistan Bar Council and Syed Qalb-i-Hassan, President, Supreme Court Bar Association :
Mr. Abid Saqi, Vice Chairman, Pakistan Bar Council and Syed Qalb-i-Hassan, President, Supreme Court Bar Association are dismayed and so have expressed their concern on filing of a Petition in the Hon'ble Supreme Court, challenging thereby the Judgement of the Islamabad High Court for the release of 408 prisoners from Jail in the wake of COVID-19 risk, and its prompt fixation for hearing before a larger Bench of the Supreme Court on Monday, the 30th March, 2020.

They recalled that all the Bar Bodies and the legal fraternity have fully appreciated and supported the timely decision/Judgement of the Islamabad High Court regarding conditional release of 408 prisoners from Adiyala Jail, which has been taken/passed in peculiar circumstances arisen as a result of the outbreak of deadly COVID- 19, just on humanitarian and compassionate grounds only in cases of under trial prisoners, and thus expressed the hope that the other superior Courts may also take/pass similar decisions/orders on humanitarian grounds that being the demand of the grave situation confronting Pakistan. The rapid increase in spread of Corona virus the world over, which has also gravely attacked Pakistan as well, needs concerted efforts and practical contributions on war footing basis by all concerned, within sphere of their activities, including our Courts, to combat the deadly decease. Needless to add that Pakistan is one of very few countries in the world, having large percentage of under trial prisoners which is one of the main causes of overcrowding of our Jails.

The elected Heads of both the apex Bar Bodies, therefore, have expressed their earnest hope that the Hon'ble Supreme Court while hearing and deciding the Petition will kindly keep in view the hardships of and threats of COVID-19 to under trial prisoners in overcrowded Jails of the country, which are endangering even their lives, and its decision in the matter will promote the object of protection of human rights especially of the under trial prisoners. The verdict of the apex Court of the country surely will improvise the system of dispensation of justice pertaining to preservation of human rights, they expressed their optimism.

SECRETARY,
PAKISTAN BAR COUNCIL
Date: 28th March 2020

28/03/2020

Vice Chairman Pakistan Bar Council and President, Supreme Court Bar Association have expressed their concern on filing of a Petition in the Hon'ble Supreme Court, challenging thereby the Judgement of the Islamabad High Court for the release of 408 prisoners from Jail in the wake of COVID-19 risk, and its prompt fixation for hearing before a larger Bench of the Supreme Court on Monday, the 30th March, 2020.

On the other hand, we filed a constitutional petition before the Supreme Court, we prayed for releasing certain categories of prisoners. Normally appeals are not fixed immediately while constitution petitions are fixed immediately as they involve protection of fundamental rights. Our petition has not been fixed for hearing yet.

Rights activists say funds received for construction of dams should be used on coronavirus curtailment.