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England and Wales High Court (Queen's Bench Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Shakil-Ur-Rahman v Ary Network Ltd & Anor [2015] EWHC 2917 (QB) (27 November 2015) URL: http://www.bailii.org/ew/cases/EWHC/QB/2015/2917.html Cite as: [2015] EWHC 2917 (QB) |
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
____________________
MIR SHAKIL-UR-RAHMAN |
Claimant |
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- and - |
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(1) ARY NETWORK LIMITED (2) FAYAZ GHAFOOR |
Defendants |
____________________
Jonathan Barnes (instructed by Gresham Legal) for the Defendants
Hearing dates: 1st – 3rd July 2015
Judgment
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Crown Copyright ©
Mr Justice Haddon-Cave:
INTRODUCTION
The Parties
Preliminary issues ordered
(1) the publication of the words complained of in Urdu;
(2) the literal translation of the words complained of into English;
(3) the meaning borne by the words complained of, including any innuendo meanings and the facts pleaded to support such innuendo meanings; and
(4) whether the words complained of are fact or opinion.
Defamatory and other issues
THE LAW
General legal principles
"(1) The governing principle is reasonableness.(2) The hypothetical reasonable reader is not naïve but he is not unduly suspicious. He can read between the lines. He can read in an implication more readily than a lawyer and may indulge in a certain amount of loose thinking but he must be treated as being a man who is not avid for scandal and someone who does not, and should not, select one bad meaning where other non-defamatory meanings are available.
(3) Over-elaborate analysis is best avoided.
(4) The intention of the publisher is irrelevant.
(5) The article must be read as a whole, and any "bane and antidote" taken together.
(6) The hypothetical reader is taken to be representative of those who would read the publication in question.
(7) In delimiting the range of permissible defamatory meanings, the court should rule out any meaning which, 'can only emerge as the produce of some strained, or forced, or utterly unreasonable interpretation …' ….
(8) It follows that 'it is not enough to say that by some person or another the words might be understood in a defamatory sense.'
"If there are two possible meanings, one less derogatory than the other, whether it is the more or the less derogatory meaning that the court should adopt is to be determined by reference to what the hypothetical reasonable reader would understand in all the circumstances. It would be unreasonable for a reader to be avid for scandal, and always to adopt a bad meaning where a non-defamatory meaning was available. But always to adopt the less derogatory meaning would also be unreasonable: it would be naïve."
(1) The exercise is one of impression (per Warby J in Simpson v. MGN Limited [2015] EWHC 77 (QB). Judges should have regard to the impression the words have made on themselves in considering what impact it would have made on the hypothetical reasonable reader (per Eady J in Gillick v. Brook Advisory Centres cited by the CA at [2001] EWCA Civ 1263 at [7]).
(2) The meaning of words is often a matter of subtlety, going well-beyond what they literally say (per Warby J in Rufus v. Elliot [2015]EWHC 807 (QB) at [21]).
(3) The defamatory sting of words often lies not so much in what the words themselves say, but also "what the ordinary man will infer from them" (per Lord Reid in Lewis v. Daily Telegraph [1964] AC 234, 358).
(4) In putting itself in the shoes of the notional ordinary reader, the court must allow for "a certain amount of loose-thinking" (per Lord Reid in Morgan v. Odhams Press Ltd [1971] 1 WLR 1239, 1245). Or, as Lord Devlin put it in Lewis (ibid at p.257), the court must allow for the fact that a laymen reads in an implication much more freely than a lawyer.
(5) It is also important to bear in mind that such a person would normally read (or hear) the relevant words once and would therefore get a broad impression of what is said; and that the layman would not engage in the sort of minute analysis (textual or legal) that a lawyer would (per Sharp LJ in Rufus v. Elliott at [19]). This is a fortiori where the words complained of are part of a radio or television broadcast where the ability to re-read the words is unlikely to be available or readily used (see further below).
(6) The court should avoid a minute linguistic analysis of every phrase or engaging in a protracted exercise in logical positivism (per Lord Diplock in Slim v. Daily Telegraph Ltd [1968] 2 QB 157 at 171).
(7) It is difficult to draw the line between pure construction and implication, and the layman's capacity for implication is much greater than the lawyer's (per Lord Diplock in Lewis v. Daily Telegraph Ltd [1964] AC 234 at 277).
"[T]he court should give the article the natural and ordinary meaning which it would have conveyed to the ordinary reasonable reader reading the article once. Hypothetical reasonable readers should not be treated as either naive or unduly suspicious. They should be treated as being capable of reading between the lines and engaging in some loose thinking, but not as being avid for scandal. The court should avoid an over-elaborate analysis of the article, because an ordinary reader would not analyse the article as a lawyer or accountant would analyse documents or accounts. Judges should have regard to the impression the article has made upon them themselves in considering what impact it would have made on the hypothetical reasonable reader. The court should certainly not take a too literal approach to its task."
Guidance in relation to TV broadcasts
"(1) The court should give to the material complained of the natural and ordinary meaning which it would have conveyed to the ordinary reasonable viewer watching the programme once in 1985.
(2) The hypothetical reasonable reader [or viewer] is not naive but he is not unduly suspicious. He can read between the lines. He can read in an implication more readily than a lawyer, and may indulge in a certain amount of loose thinking. But he must be treated as being a man who is not avid for scandal and someone who does not, and should not, select one bad meaning where other non-defamatory meanings are available (per Neill LJ, Hartt v. Newspaper Publishing PLC, unreported, 26 October 1989 (Court of Appeal (Civil Division) Transcript No. 1015): our addition in square brackets).
(3) While limiting its attention to what the defendant has actually said or written, the court should be cautious of an over-elaborate analysis of the material in issue. We were reminded of Diplock LJ's cautionary words in Slim v. Daily Telegraph Ltd [1968] 2 QB 157 at 171 [to avoid a minute linguistic analysis of every phrase and a protracted exercise in logical positivism].
In the present case we must remind ourselves that this was a factual programme, likely to appeal primarily to a seriously minded section of television viewers, but it was a programme which, even if watched continuously, would have been seen only once by viewers many of whom may have switched on for entertainment. Its audience would not have given it the analytical attention of a lawyer to the meaning of a document, an auditor to the interpretation of accounts, or an academic to the content of a learned article. In deciding what impression the material complained of would have been likely to have on the hypothetical reasonable viewer we are entitled (if not bound) to have regard to the impression it made on us."
"9. It is important to acknowledge that assessing the meaning(s) of an hour long television programme is to a large extent a matter of impression. Yet it is also necessary to remember that the test is objective, so that one must always have in mind how the reasonable viewer would interpret it. Nonetheless, it is recognised in the authorities that the judge can take into account his or her own subjective reaction as part of the process. Beyond that, one must not be over-analytical, in the sense of subjecting the text to a leisurely or legalistic breakdown: ordinary viewers will not have had that opportunity. The overall flavour of a programme may contribute to an interpretation which would not necessarily be found when subjecting the text to piecemeal analysis. There is a risk that such an exercise will focus on the trees and miss the wood."
Innuendo meaning
Fact or opinion
(1) The statement must be recognisable as comment, as distinct from an imputation of fact (see Gatley on Libel and Slander, 12th edition, para 12.7).
(2) Comment is "something which is or can reasonably be inferred to be a deduction, inference, conclusion, criticism, remark, observation, etc." (Branson v. Bower [2001] EMLR 15 [26]).
(3) The ultimate determinant is how the words would strike the ordinary reasonable reader (Grech v. Odhams Press [1958] 2 QB 275, 313). The subject-matter and context of the words may be an important indicator of whether they are fact or comment (British Chiropractic Association v. Singh [2011] 1 WLR 133 [26], [31]).
(4) Some statements which are by their nature and appearance comment are nevertheless treated as statements of fact where, for instance, a comment implies that a claimant has done something (i.e. engaged in dishonourable conduct ) but does not indicate what that something is (Myerson v. Smith's Weekly Publishing Co. Ltd (1923) 24 SR (NSW) 20, 26 per Ferguson J).
"...[T]he court should take as its starting point the general features of the article and the impact these are likely to have on how the words used strike the mind of the ordinary reader. It should bear in mind [1] the positioning within the paper of the article under examination (for instance whether it is in the news section or in an "op ed" piece or magazine); [2] the general nature of the subject matter dealt with in that article (news, political, social, financial or other); [3] who has written the material, if this is apparent (is it for example the paper's political correspondent or an established commentator?); and [4] the form of expression the reader would be likely to expect from an article on this subject matter, positioned as it is, and by this or these author(s). It is against that background that the court should consider the particular statements in the article and assess, as far as possible at the same time, what if any defamatory meaning it conveys and the extent to which this is factual or comment. In performing this last task the court should be alert to the importance of giving free rein to comment and wary of interpreting a statement as factual in nature, especially where as here it is made in the context of political issues. In drawing the distinction the court should consider what the words in their context indicate to the reader about the kind of statement the author intends to make."
Chase Levels
Lucas-Box Meanings
SUBMISSIONS
Claimant's case
Defendants' case
(1) The pleaded words "traitor", "traitorously" or "hypocrite" etc rarely, if ever, appeared in the words complained of in any of the episodes; and if and in so far as the word "traitor" was used or a similar imputation made, it was conditional on facts being proved.
(2) The thrust of the programmes and presentation (and the 'empty chair') in each case was simply the putting forward of a 'case to answer' which admitted of a response; it was not a blanket condemnation.
(3) In every case, the extravagant 'avid for scandal' pleaded meaning was outside the bounds of the reasonable interpretation that a reasonable viewer would put on the words spoken in their context.
(4) A reasonable viewer would make allowances for presenter, Mr Luqman's, sometimes colourful delivery or clumsy remarks or infelicitous expressions and take some of what he and guests said with 'a pinch of salt'.
(5) In every case, Mr Luqman and his guests were expressing opinion about the Claimant, not facts.
ANALYSIS OF MEANINGS
(1) First, I played the DVD of the broadcasts with the transcripts in hand. I did not, of course, watch all 12 hours, because I do not speak Urdu; but I watched enough of each broadcast to get a flavour of the tone and structure of each programme and the style and approach of the presenter, Mr Luqman, and his various guests.
(2) Second, I read the full English translations of the entire transcripts of each broadcast and formed my own impression of the meaning of the particular words complained of in each broadcast highlighted in yellow.
(3) Third, I considered counsels' written and oral submissions in relation to each broadcast.
(4) Fourth, I replayed the DVD with the transcript and my notes to hand in order to confirm or adjust the impression I had formed as to meaning in relation to each broadcast.
Programmes to be considered separately
Chapter 1: 25th October 2013 broadcast
General observations
" Mubashar Luqman: I begin this special episode of Khara Such with the pure name of Allah and a blessed prayer. One has to seek Allah's support to open up one's tongue and to grant capacity to people to understand. Allah sent his pure Koran through his beloved Prophet Muhammad and its orders are the most supreme to us and we do not need to listen to anything else from anyone, except these orders. I mentioned this particularly because Allah's beloved Prophet Muhammad told us - and his words shall remain valid until the hereafter-to conduct jihad against wrong things, stand up against the cruel, and if you cannot do it, then speak against them, and if you cannot speak against them, then do it in your heart but jihad will last forever. (16:50)"
" Mubashar Luqman: Dangers surround Pakistan today. Within Pakistan things are happening, which show that we have those who sympathize less with Pakistan and more with foreign countries; these people are present in the media, in newspapers - I do not mean all of them; I mean just a few - and these include self-appointed NGOs and many who believe in human rights and work for human rights. Every one of these is throwing stones at Pakistanis and Pakistan. The soldiers and officers of Pakistan Army are sacrificing their lives to save our lives but we are levelling allegations against them. They orphan their children for our sake but we are busy in insulting them. (17:56)"
" Mubashar Luqman: ….I shall continue my crusade against the "Desire for Peace." Whatever I have been saying, Allah has materialized it and revealed that they were true."
Specific complaint
"The internal inquiry conducted by Hindustan Times found that Mir Shakil-ur-Rahman, … - had many contacts in the Indian intelligence agencies. Upon Mr Shakil's instructions, his brother-in-law Mr Jahangir Siddiqui went to Bombay where he met Indian intelligence agencies' officials and a reporter of Hindustan Times. These intelligence officials forced the reporter to get this story published in such a way as to favour Jang and Geo Group.
I ask Mr Zayd Hamid, what do you understand by this link between Mir Shakil-ur-Rahman, Mr Jahangir Siddiqui, Indian intelligence agencies, and Hindustan Times?
Zayd Hamid: What you have told us, and the events you have described with reference to Mahmud Sham, if it happened as described, it is high treason against Pakistan and it brings to surface the relations of Geo Group with RAW and Indian intelligence. It will be a huge scandal about a Pakistani media group showing how journalism turns into rebellion and how information turns into info-terrorism.
Mubashar Luqman: I gave you breaking news about a Hindustan Times story, which they later repudiated by saying that Indian intelligence agencies' officials had arm-twisted them into publishing this story written by Mir Shakil-ur-Rahman and Mr Jahangir Siddiqui in particular.
Mubashar Luqman: Mr Zayd Hamid, tell me, now that Hindustan Times has retracted its story, it proves that Pakistan is not bad, Pakistan Army and its intelligence agencies are not bad our enemies spread poison against us and defame us in the entire world, as the idiom goes "They hide a knife in their armpit and say Ram, Ram".
Zayd Hamid: The story you told about Hindustan Times internal inquiry, quoting Mahmud Sham, if it is true, an immediate criminal FIR must be lodged against Geo Group and Mir Shakil
Zaid Hamid: An FIR must be lodged in this matter and if Mr. Mahmood Sham confirms that what he has written is true, then it must be investigated.
Mubashar Luqman: He has told me this thing on the phone.
Zaid Hamid: We are saying the same thing. Because there is evidence and witness is available, this is a plain case of treason. If this is forgiven then every war against terrorists should be stopped and every traitor must be forgiven for there is no use passing such laws in Pakistan as cannot be implemented."
(1) The Claimant is guilty of the criminal offence of high treason, having conspired with Indian intelligence agencies to force the publication of a newspaper story that furthered the interests of India against those of Pakistan.Particulars of InnuendoA FIR would have been understood by all or nearly all viewers to be a First Information Report, which is a complaint lodged with the Pakistan police about the commission of a criminal offence.
The Claimant has many contacts in the Indian intelligence agencies. Upon the Claimant's instructions his brother in law, Jahangir Siddiqui, went to Mumbai (Bombay) where he met Indian intelligence agency officials and a reporter of the Hindustan Times. These intelligence agencies (but not the Claimant) forced the reporter to get this story published so as to favour the Claimant's companies, Jang and the Geo Group.
Analysis
Decision
The Claimant is guilty of the criminal offence of treason, having conspired with Indian intelligence agencies to force the publication of a newspaper story in the Hindustan Times which furthered the interests of India at the expense of Pakistan.
Chapter 2: 26th October 2013 broadcast
"Hindustan Times conducted an internal inquiry. We have the report and full investigations of this internal inquiry. These were very frightening. These stated that the driving spirit and owner of Jang and Geo Group, Mir Shakil-ur-Rehman, a very respectable name in Pakistan, Mir Shakil-ur-Rehmaan, especially his relations that he has with Indian intelligence agencies,
However, according to their internal inquiry they stated that agents of RA or agents of Indian intelligence, upon the saying of Mir Shakil-ur-Rehmaan and Jahangir Siddiqui, especially had this story planted in Hindustan Times. They had this story published upon their saying so.
stories like the one published by Hindustan Times greatly damage the inflow of investment to Pakistan especially when inward investment is scant and people are trying to shift their money out of Pakistan.
Hindustan Times as an institution [did a great thing and any journalist would accept that when they found that their story was bouncing or they had no evidence to back it up, they] showed good character and decency by [immediately] withdrawing the story … But this does not end it over here in Pakistan because [when there is evidence] that Pakistan's largest and most powerful media organization, which daily reveals the corrupt practices of others and tells us [who] is right and [who] is wrong, has relationships with enemies of the country - not just relations but very deep relations - so deep that upon its word, they can do anything, and it even used their media,
Also especially joining us from USA is Mr Muhammad AM who is the former chairman of Securities and Exchange Commission of Pakistan: We will show you the letters he wrote to the Prime Minister of Pakistan, Mian Muhammad Nawaz Sharif, stating that Mir Shakil-ur- Rehmaan threatened to kill him and to get him dismissed from his job, because he had refused to entertain Mian Mansha's IPPs and Mr Jahangir Siddiqui. And he also states that Mir Shakil-ur- Rehmaan has done many other things of this kind
Mr Dhayddy: … and I congratulate you for revealing such a huge scandal … I did not know that they are enemies of the country. I rather suggest that we should now declare a jihad against them. In no case should they be spared now. How can you spare them when they are working against the country?
Mubashar Luqman: How did Mir Shakil develop relations with Indian intelligence agencies?
Mr Dhayddy: … Now they are against the country which gave them so much, so much respect and honour - they built an empire; they became media tycoons; for what? For this?"
(1) The Claimant threatened to kill Mr Muhammed Ali, former chairman of the Securities and Exchange Commission of Pakistan; and
(2) The Claimant is a traitor and an enemy of Pakistan who works against Pakistan and who has very deep relations with Indian intelligence agencies working against Pakistan.
Particulars of Innuendo
RAW is India's foreign intelligence agency, as all or most Khara Sach viewers would have known.
The Claimant has relations with Indian intelligence agencies. He had a story planted in the Hindustan Times which that newspaper later retracted.
Following threats by the Claimant to damage Mr Ali's reputation, Mr Ali became the subject of false media allegations made through the Claimant's broadcast and newspaper companies, Geo and Jang.
Analysis
Decision
(1) The Claimant is a traitor and an enemy of Pakistan who works against Pakistan and who has very deep relations with Indian intelligence agencies working against Pakistan.
(2) Following threats by the Claimant to damage Muhammed Ali's reputation, Mr Ali became the subject of false media allegations made through the Claimant's broadcast and newspaper companies, Geo and Jang.
Chapter 3: 28th October 2013 broadcast
"More shocking than this news was the one published in The Hindustan Times ... It found that Mir Shakil-ur-Rehmaan in particular had strong links with the Indian agencies. And today, a Hindustan Times reporter told me that RA, the Indian intelligence service, is putting very strong pressure on The Hindustan Times to retract their story.
Now a third link has appeared. Did Jang Group or Mir Shakil-ur-Rehmaan directly seek funding or obtain funding from the CIA or America? ... Let me be clear that some time back a proposal was submitted to America, to the American government. It was on 30th June 2013, and I have this complete document here with me which was submitted on behalf of Mir Khalil ur Rahman Foundation. And it was stated therein "what we people would do to build the image of the United States, and how we will reduce the animosity among the public against the United States". And in this proposal, it was admitted that Jang and Geo Group had previously pressurised the then Government in 2006, to abolish the Hadood Ordinance and Sharia Law, and The New York Times had mentioned this in one of its articles. I have the New York Times article which I will try to show you on the screen. New York Times admitted that this Group played a major role in blocking the implementation of the Islamic Law and Hadood Ordinance. Four regular programmes provided justification to the Government to amend this law and paved the way
They are working on a project the aim of which is to develop a soft corner for India in the hearts of Pakistani people though, on the other side, India is shelling Pakistani border areas and [martyring] our soldiers …
Not just this, with reference to changing public opinion, they conducted surveys in which they proved that "terror perception" had dropped by between 75 and 87 per cent. Not just surveys, they used editorials, TV programmes, and news to change the public opinion.
Then it mentions the programme "Zara Sochiye" which was run with the funding of 20 million pounds obtained from the UK.
Their proposal states that: A few things will remain as they are: Violence will remain in Pakistan; Pakistan will continue to be part of the war on terror; political uncertainties, energy crises, balance of payments issue will remain and there will be increased violence from extremist forces. I do not know if this was their analysis or their promise. You are watching on the screen this document which I have got hold of and if what I am saying is not right I respectfully request Mir Shakil-ur-Rehmaan to take this opportunity to come here and tell us that this document is false.
Then they say that I put in planted shows. ... But I've been giving you opportunities to come and explain that all this is wrong and if this is not "planted" then what else can be called "planted?" ... In this proposal, they mention "Pakistan" as "the target country;" God forbid; God forgive; Pakistan has become a target for them now; I have seen poor people going to great lengths for money but...
[Now] stories [were pouring in, that] GEO television, I am [mentioning names, that it had linkages] with Indian [television. For evidence I am showing you a] copy of Hindustan Times in which they [are saying, first they had given] a story that TV [is coming with the collaboration of] Dawood Ibraheem. [then when there was] a complaint, Hindustan Times retracted [their] story[, an old] editor of [Geo and] Jang, Mahmood Sham a senior [name] they [sent retracted their] story [through him, that] our internal inquiry[, with the collaboration of] Mir Shakeel Ur Rehman, Jahangir Siddiqui [with the collaboration of the] Indian [agency got together and orchestrated. The] Indian [agency has such involvement and had come up with this, if the Indian intelligence have such much involvement and also within the media as well.] Where the Indian [Agency has such extent of involvement and such a big name of our] media [is involved, what will your response be, sorry the question is so long.]
Imran Khan: This is a very serious accusation.
Mubashar Luqman: ... I think there was a mentioned in your programme, I wasn't able to watch the whole of your programme, but I was told about it. Listen this is a very serious issue.
Imran Khan: This is a serious issue, if there is any reality in this it should come, there should be an inquiry into this, this is not a small allegation, it's a big allegation, if such a thing is happening and it involves the country. I mean if such a thing happens within the country, and any TV channel, any such thing…
Mubashar Luqman: If ARY does this, then there should be an inquiry into ARY.
Imran Khan: Any external influence, and especially to be influenced by outside agencies to start a propaganda in this country, it's absolutely wrong and there should be an inquiry held about this."
The Claimant is a traitor who:
(1) has strong links with Indian intelligence agencies;
(2) has spread pro-Indian propaganda and sought to promote India's image in Pakistan (even when India was shelling Pakistani land and killing Pakistani soldiers), and
(3) sought money from the American government in return for promoting the US within Pakistan and recognised that in consequence violence, political uncertainty, energy crises and unrest would continue in Pakistan.
The Claimant has strong links with Indian agencies. The Mir Khalil ur Rahman Foundation "MKRF" may (but it remains to be established) have sought funding from the United States in return for which the Claimant's Jang and Geo Group companies would promote the United States in Pakistan. The Claimant is invited to take the opportunity to appear on the programme and tell it that this is false. There is a point of view (for example held by Imran Khan) that the overseas influencing of a country's media is wrong and should be investigated where there is reason to think that that has happened.
Analysis
Decision on meaning
The Claimant, who is disloyal to his country:(1) has strong links with Indian intelligence agencies;
(2) has spread pro-Indian propaganda and sought to promote India's image in Pakistan (even when India was shelling Pakistani land and killing Pakistani soldiers), and
(3) sought money from the American government in return for promoting the US within Pakistan and recognised that violence, political uncertainty, energy crises and unrest would continue in Pakistan.
Chapter 4: 30th October 2013 broadcast
"The Media commission also came to know that dramas produced by Indian producers are sold in Dubai and from there these programmes are imported into Pakistan. They also provided the example of "Desire for Peace" programme, which is funded by a Norwegian NGO called "Friends without Borders." When we look into the background of this funding, we find that it has connections with Indian sponsors including Indian state-owned TV channel "Door Darshan."
The biggest question is that if your programmes are foreign funded [– funded by any country or in any category, and these programmes are named [in the same bid] -] and you do not mention them on screen as "paid content" or "advertising," or "advertorial" or "supplement," then you are telling a lie not only to your viewers, readers, to the government and tax payers [but also to the] courts of law and all regulating authorities because you are deliberately concealing this fact across the world.
In any country, any television channel or newspaper cannot run a paid material by calling it "editorial content." This is an established fact and any journalist, senior to me and more talented than me, will tell you the same.
The question is, when you submitted this bid, you mentioned in it the names of your TV programmes. You wrote that you would provide a certain number of episodes of "Zara Sochiye" and a certain number of "Capital Talk" episodes etc. It means that your programmes were there for sale, as you stated in this document.
Today, I was talking to a top level media owner, a very reputable name in Pakistan. I asked him whether our laws or [the] Constitution allow one to receive money from foreigners and run TV programmes in accordance with the funding parties' wishes. For example, if Israel offered a huge sum to ARY in exchange for ARY favouring Israel's foreign policy in its programmes, and people are not told that this is an Israeli advertisement - rather the programmes appear like our editorial policy - then the people who have faith and trust in us will certainly fall victim to it. They will be victims of falsehood and deception.
This document claims that the "Desire for Peace" is a campaign. It does not state that this will bring these two nations closer. It states that the "Desire for Peace" is a campaign for which money has been received. When you receive money, you are destroying Pakistani dramas, theatre, films, singers, musicians and Pakistani record labels because you have taken money to run something which does not arise in any way from our own culture and social values.
What next? Here I see Indian intelligence agencies; here I see CIA; here the name of MI6 surfaces;
I was hurt upon reading this published report of WikiLeaks. Further, they wrote:
[(In English)] Many of the reporters have political agendas and are paid by…
After the above sentence, we find the names of the agencies; there is the name of a party too.
Moreover, since 2010, Geo Group has been working in collaboration with the Indian newspaper The Times of India … on the "Desire for Peace" Project with an objective to create soft corner for India in the hearts of Pakistanis. On the other side, India is shelling and killing our army men on the borders. Not only this, they conducted surveys to change public opinion. In this regard, their TV programme "Zara Sochiye" has been mentioned, which received 20 million pounds funding from UK. These 20 million pounds were mentioned in the House of Lords document too.
Mr Mir Shakil-ur-Rahman, I will place a chair here for you. Take as much as ten days but please provide your response. I will humbly and silently listen to your reply. Pakistani people should know who is getting money from whom - from India, England, or CIA or from all of these; people should know why he is receiving money and what is he doing to this county."
(1) The Claimant had traitorously taken money covertly from Indian intelligence agencies and other foreign agencies to broadcast pro-India propaganda, even while India was shelling and killing Pakistanis.
(2) Innuendo meaning: The Claimant has hypocritically promoted the 'Aman Ki Asha' campaign as a genuine and independent peace campaign by media groups, when in fact it is funded and run by a company connected to the Indian government to serve Indian interests, and he has therefore lied to and betrayed the people of Pakistan.
Particulars of Innuendo
Aman Ki Asha, which translates as "Hope for Peace", is a high profile joint campaign by the Jang Group and the largest media group in India, The Times of India, the objective of which is to contribute to bringing about peace between India and Pakistan, which the Jang Group has publicly proclaimed to be free of any outside or foreign influence or funding, as would be known to all or nearly all viewers.
The programme would welcome the Claimant's appearance on it, to explain the overseas funding arrangements for 'Aman Ki Asha', Jang and the Geo Group.
Analysis
Decision
(1) The Claimant has disloyally taken money covertly from Indian intelligence agencies and other foreign agencies to broadcast pro-India propaganda, even whilst India was shelling and killing Pakistanis.
(2) The Claimant has hypocritically promoted the 'Aman Ki Asha' campaign as a genuine and independent peace campaign by media groups, when in fact it is funded and run by a company connected to the Indian government to serve Indian interests, and he has therefore lied to and betrayed the people of Pakistan.
Chapter 5: 4th November 2013 broadcast
"You might remember that in the last three days, Islamabad High Court issued an order stating that I should not say anything against the Jang Group or Geo or their officials which may be categorized as defamation.
But let me tell you. They admitted two things. One: Their editorial content was paid for. Money was given for it.
a certain amount of money was received to make programmes.
It means that the Desire for Peace Campaign is also being paid for.
I am saying that a company from Norway is running it and there are proofs and relations behind it that connect it to India.
Mubashar Luqman: Is it a fact that Indians are giving money to run content on our media?
Humayun Gohar: You see, we are all Muslims and we should not make allegations without proof. I do not have the evidence but it is a fact that there are doubts against not just one channel but many channels. When Mr Musharraf allowed freedom to channels, it led to media proliferation without regulations. Media freedom appeared but they got it only by legacy and they started to sell their freedom to foreign and domestic powers.
Sabir Shakir: Mr Mubashar! We have been waiting for the past 8 or 10 years for the Chief Justice or the Supreme Court to take notice in what manner the offices of the President, the Army, and our institutions were being ridiculed - and there is no reduction in this even now - I would say that even Islamic traditions are being ridiculed and insulted; there is no such thing as national dignity or the sanctity of the nation
Mubashar Luqman: … The question is: Should there be no inquiries in Pakistan when India's ill-famous RAW provides funds to someone in Pakistan, or funds come from Durdarshan, even if it is through an indirect way? Should there be no inquiries and punishments? If it is proved that funds are taken from CIA and Britain and their foreign policy is being implemented here, whether it be the policy about drone or any other aspect, should there be no inquiries held?
Mubashar Luqman: Who are "them?"
Humayun Gohar: Those you are making allegations against.
Mubashar Luqman: You mean Mir Shakil Ur Rahman? I am not making allegations; I have already proved."
(1) The Claimant has traitorously taken money from foreign powers, including India's infamous RAW, the CIA and Britain, in order to broadcast programmes favourable to their interests.
(2) The Claimant has, through the Jang Group, ridiculed and insulted Islamic traditions.
(3) Innuendo meaning: The Claimant has hypocritically promoted the 'Aman Ki Asha' campaign as a genuine and independent peace campaign by media groups, when in fact it is funded and run by a company connected to the Indian government to serve Indian interests, and he has therefore lied to and betrayed the people of Pakistan.
Particulars of Innuendo
Aman Ki Asha, which translates as "Hope for Peace", is a high profile joint campaign by the Jang Group and the largest media group in India, The Times of India, the objective of which is to contribute to bringing about peace between India and Pakistan, which the Jang Group has publicly proclaimed to be free of any outside or foreign influence or funding, as would be known to all or nearly all viewers.
In gagging the presenter Mr Luqman by an order obtained from the Islamabad High Court Jang Group and Geo admitted their editorial and other content is paid for. So far as concerns the Desire for Peace Campaign ('Aman Ki Asha'), Lord Nazir cannot say whether it is being paid for or not. Instead of silencing Mr Luqman through the courts The Claimant could come on the programme and answer the questions raised of him. He is welcome.
Analysis
" Mubashar Luqman: Who are "them"?
Humayun Gohar: Those you are making allegations against.
Mubashar Luqman: You mean Mir Shakil Ur Rahman? I am not making allegations. I have already proved."
Decision
(1) The Claimant has traitorously taken money from foreign powers, including India's infamous RAW, the CIA and Britain, in order to broadcast programmes favourable to their interests.
(2) The Claimant has disingenuously promoted the 'Desire for Peace campaign as a genuine and independent peace campaign by media groups, when in fact it is funded and run by a company connected to the Indian government to serve Indian interests, and he has therefore lied to and betrayed the people of Pakistan.
Chapter 6: 13th November 2013 broadcast
"…are you saying that money was given to run the Desire for Peace Campaign?
Lord Nazir: I understand that commercial organisations do not work for free or for the sake of love. If they were doing it out of love, they would not have thrown mud at Pakistani politicians; they would never have criticized the Army and they would not have offered conspiracy theories which they are doing even now. Mr Mubashar, you know well that everything happens for money. Still in this programme, I am not naming that large media network because I live in London and libel cases here are very punitive/strong. I do not name them but I must say that the recipients must examine their conscience.
Mubashar Luqman: … Can Mir Shakil inform the public why he submitted, through Mir Khalil-ur-Rahman Foundation, a proposal to the United States offering them to air planted programmes on his TV channel in exchange for dollars? Who received this proposal in the United States? You can guess.
Mubashar Luqman: … Does Pakistan honour you and raise your profile so that you could impose India over it?
Mubashar Luqman: … Pakistan is ours and it is we who have to save it. From whom? This is a question to ponder.
Despite being raised and made famous in Pakistan, the Claimant had traitorously and in betrayal of his own country taken money covertly from the USA to promote anti-Pakistan and pro-India propaganda.
Commercial organisations do not work for free or merely for the sake of love. Everything happens for money. It would be welcome if the Claimant were to explain MKRF's proposal to the US offering to air paid for programmes on C's TV channel.
Analysis
Decision
The Claimant has disloyally taken money covertly from the United States to broadcast TV programmes which are critical of Pakistan.
Chapter 7: 26th November 2013 broadcast
"…according to the spokesman of Jang and Geo, who is the Administrator of the institution, i.e. Administrator? Who is the main force behind it, who is the Administrator? Mir Shakil-ur-Rahman, Administrator of the institution
Mir Shakil-ur-Rahman is watching this programme sitting in Dubai at this time. Lord Nazir is again with me.
Who does not speak the truth Lord Nazir, he is a liar who does not speak the truth?
Lord Nazir Ahmed: Look! My name is not "Mir", my name is "Nazir". Mir was that… Jafar as well, Mir was that… what was the name of that other?
Mubashar Luqman: Sadiq
Lord Nazir Ahmed: Mir was Sadiq and Jafar, my name is Nazir. And Thank God that I am a Pakistani, I love Pakistan and also defend Pakistan. Never do I ever want to say anything that could damage Pakistan."
Innuendo meaning: The Claimant is a traitor to Pakistan.
Particulars of Innuendo
Mir Sadiq and Mir Jafar are two historical characters held in the highest contempt and reviled as traitors by the Indo-Pakistani community as they betrayed their fellow countrymen by siding with and fighting for the British
Particulars of Reference
Given that:
(a) the focus of the discussion during the program was about the Claimant, both before and after the words complained of; and
(b) the Claimant's title is 'Mir';
all or a substantial number of viewers would understand the words complained of to refer to the Claimant.
Jang and Geo have made public claims that may be false (through their newspapers and TV) about their overseas funding. The Claimant could come forward on the programme and answer the questions arising.
Analysis
Decision
The Claimant is a traitor to Pakistan.
Chapter 8: 3rd December 2013 broadcast
"…what letter PEMRA wrote; PEMRA said: "Where you have permission for only 6 per cent Indian content, only 6 per cent, there you are airing 400 per cent Indian content and Pakistan Idol is being shot under the nose of Asif Raza Mir sahib wherein Indian songs are being sung with a lot of fanfare … PEMRA responded, "License shall not be granted to any person, funded and sponsored by a foreign government or organization". I show you this PEMRA's letter which was written to Geo.
Funded by a foreign government or a foreign organization, Pakistan Media Regulating Authority suspects that external governments, that are, are providing you funds for running programmes here.
And now we have evidence about this that you have got such a funding and you didn't get this money from one place. ... Then what they said further, 3 million dollars were sought not only from State Department, with reference to judiciary to influence the judiciary 3 million dollars were sought not only from State Department, to influence the judiciary, also offered to sell its editorial content which means, on one hand, you talk of a planted programme but you have made all your programmes planted. If I believe in this thing, then according to the proposal given to US State Department by Jang, Geo; under PEMRA rules 2009 section 19-G, in fact, you dared change this programme for 3 million American dollars in accordance with America's wishes. Interesting point is that under the banner of MKRF- Mir Khalil ur Rehman Foundation, Relief Foundation, what you offered; which programme you offered: Capital Talk, Very good! Aapas ki Baat, Hum Awam and 50 different TV spots and 50 corresponding press ads, two special episodes of Great Debate and special transmission and commitment of four documentaries and over 200 news stories to promote the said campaign."
... We are not the fourth pillar of the state. This we are telling wrongly to the people that we are the fourth pillar of the state. Those are the pillars of the state which are specified by the Constitution of Islamic Republic of Pakistan. Apart from that, anybody who claims to be the pillar of the state is violating this Constitution; this is also the violation of Aricle-6. Baba Ji, let me tell you what PEMRA has written about you, that about foreign funding, what was that. They wrote: "Breach of S-25D of PEMRA Ordinance 2002 and S-1G Code of Conduct of PEMRA Rules 2009. You got foreign funding and you… spirit of these sections… blah Blah Blah foreign funding. What did they say further: Behind the wheel of Mir Khalil-ur-Rehman Foundation, Geo Group has submitted a campaign, proposal dated June 30, 2013, to the bureau of democracy, human rights and labour United States Department of States…"
These are not my words and you know who is saying it. And that is why you're publishing news about this that change should be affected immediately. And what is relevant to it, sometimes FIA is being made to chase and sometimes some other similar things are done. This is the same, complete document Mir sahib, the whole document, of MKRF that is with me. This is that tender notice that you filled- and you filled- and you sent to the US State Department. If you tell me whether I am showing a wrong document and if it is, then I will apologise to you before the entire masses. If, however, it is true, and if you have violated the Constitution of Pakistan, in this manner and since this thing has not been declared here; and PEMRA regulations were violated, then why your license should not be cancelled… since, in it, you are not only talking about giving news, or about giving ads, you are talking about selling your editorial content. You are saying that your programme is on sale; you are saying that your programme is on sale. You are saying that your programme, that is, will be dedicated, will be dedicated, neither tilted nor planted, not planted…will be dedicated. These are all your written words, not that of mine.
There is an allegation against you for violating the law, showing 400 percent more Indian and English dubbing content.
you never missed a chance to defame ISI and Pakistan's armed forces, … you published write-ups about BOL TV owners with reference of TRG. It is written in your own News, I'm not telling…and you wrote: 'this business group is involved in fake degrees and pornographic websites and also involved in such practices which are deemed illegal in many foreign countries'.
400% Indian content that you are running extra, for that reason, your license should be cancelled"
(1) The Claimant has traitorously accepted funding from anti-Pakistan foreign governments covertly to plant programmes for their benefit, and has made a proposal to the United States offering to act in a similar manner for their benefit, such that his licence to broadcast should be cancelled.
(2) Innuendo meaning: The Claimant is guilty of high treason.
Particulars of Innuendo
Violation of Article 6 of the Pakistan Constitution is high treason, as all or nearly all viewers would know.
PEMRA has written to Geo concerning its foreign funding in circumstances of $3m received from the US State Department, including in this respect a proposal involving Jang, Geo and MKRF. If there has been a breach of PEMRA rules then that would also be unconstitutional and PEMRA should revoke its licence. However the presenter may have misunderstood the true position, which could be explained.
Analysis
Decision
The Claimant has traitorously accepted funding from anti-Pakistan foreign governments covertly to plant programmes for their benefit, and has made a proposal to the United States offering to act in a similar manner for their benefit, and has broadcast 400% Indian content, all in breach of his licence to broadcast which should be cancelled.
Chapter 9: 16th December 2013 broadcast
"Anyways… And, and…that Indian TV channels and print materials are available easily. And the increasing acceptability or interference has weakened the morale of Pakistani nation to such an extent that now it sees India as undefeatable. This news item has been published by The News and Jang newspaper… And this is my fight… this is my fight against these newspapers, against the owners of these newspapers, that they don't let go any opportunity to hit out at the institution of Pakistan Armed Forces, or the institutions of Pakistan which are responsible for the security of Pakistan… they don't miss any opportunity to try to damage them or not to humiliate at international level Pakistan and those institutions which are responsible for a symbol of Pakistan's prestige. Mir Shakil-ur-Rahman Baba Ji, your chair is lying today again, but you are still in Dubai, along with your family. And you don't have courage that you come, and you contest here. And I tell you Baba Ji, how much your news story is wrong. For your kind information that… from where your news story has been generated. When I had…when I had told you that linkages with RAW, Aman ki Asha with India, and money, then you had reacted sharply; you wrote a long article in newspaper that an anchor-person is talking this and that against us. Today also you were in the court against me…your counsel, and he was saying that I am defaming. How am I defaming? Sunday Standard of Indian Express is lying before me. The entire news item you lifted from there and published here with your names. It was published there the day before yesterday, this entire news item of Indian Express … you lifted it from there word by word, as it is … they published it there against the Pakistan Army and you published it here. Whose agenda are you forwarding?
Baba Ji! ... Stop following Hindu… Hindustani media's fake news stories; stop publishing under your names … Please, learn respecting the Armed Forces of Pakistan and all institutions of Pakistan. Only they can guarantee security of Pakistan. Neither we nor you are going to fight if God forbid anything happens… these are the people who will fight, and you are proving to be a source of their humiliation.
Faisal Raza Abaidi: … This is my wish that Mir Shakil-ur-Rahman…
Mubashar Luqman: … Baba Ji won't let any analysis on it. He cannot arouse the ire of America, cannot afford making India angry.
Mubashar Luqman: … In the guise of Aman ki Asha, if any country comes and pursues the CIA agenda, or Mossad agenda, how come the law will let it go?
Mubashar Luqman: … corruption of Baba Ji
Mubashar Luqman: … Baba Ji you have to give questions why you disgrace Pakistan Army why you dishonour security departments of Pakistan and what harm given to you by Pakistan"
The Claimant had traitorously and corruptly worked with RAW, the notorious Indian intelligence agency, and India, and either or both of the CIA (the US foreign intelligence agency) and Mossad (the Iraeli foreign intelligence agency) in order to promote their agenda, and had disgraced and humiliated the Pakistan army and dishonoured the security departments of Pakistan.
Particulars of Innuendo
(1) RAW is India's foreign intelligence agency, widely believed to focus its activity on Pakistan, and therefore notorious among Pakistanis, as would be known to all or nearly all viewers.
(2) The CIA is the United States of America's intelligence agency, as would be known to all or nearly all viewers.
(3) Mossad is Israel's intelligence agency, as would be known to all or nearly all viewers.
(4) 'Aman Ki Asha' was a high-profile campaign being run, in Pakistan, by the Jang Group, as would be known to all or nearly all viewers.
Instead of coming to the programme the Claimant is content to seek legal relief against the presenter in the courts while sitting in Dubai with his family and publishing newspaper articles against the presenter.
Analysis
Decision
The Claimant had covertly and disloyally worked with RAW, the notorious Indian intelligence agency, and India, and either or both of the CIA (the US foreign intelligence agency) and Mossad (the Iraeli foreign intelligence agency) in order to promote their agenda, and has disgraced and humiliated the Pakistan army and dishonoured the security departments of Pakistan.
Chapter 10: 17th December 2013 broadcast
"Then came forth third story which was reproduced yesterday in order to malign and bring a bad name to ISI and Pakistan Army. Again this was reproduced verbatim by Indian Express. A few days before the story was published in Indian Express, this story was published in the Hindustan Times. This story was nothing but ISI-bashing and totally army-bashing. Baba Ji what do you get in return for publishing these stories? The country that gave you everything, gave you to the extent that they tolerate your every wrong. No government ever asks anything from you. No court asks you anything. No man in the street asks you as to what did the wig cost you. But you are gnawing at the roots of the country and you are destroying this very country. What next? Baba Ji, … . And many people have asked me why do you call him Baba Ji? Mr. Mir, let me tell you that in your name comes the word Rahman. Rahman is the sacred name of Allah and it is a very beautiful name. I cannot make fun of your name in this way, that my Creator, my God should … that it might seem so, God forbid that I've I can never utter a wrong word with the name that is either Rahman or Rahim or the names it these are attached with. And Baba Ji is worthy of respect, which is what we call our elders. And I cannot call you Uncle, because obviously there is difference in our bloodlines. I am loyal to my country, I am loyal to my country's army, I am loyal to my country's institutions. I don't want to take money from Hindustan … and I don't want to take money from CIA. That is why Baba Ji is fine!"
The Claimant had traitorously accepted payments from India and the CIA, the US foreign intelligence agency, to act against Pakistan's interests and was destroying the country from its very roots, and pursuant to that aim he published a story that maligned and defamed the Pakistan Security Services and the Pakistan Army;
Particulars of Innuendo
The CIA is the United States of America's intelligence agency, as would be known to all or nearly all viewers.
The ISI is Pakistan's principal intelligence agency, as all or nearly all viewers would have known.
C's motivation remains unexplained in the context of a legal dispute over the use of the name "Bol" as a trade mark.
Analysis
Decision
In return for money from CIA and Indian interests, the Claimant has published a story from Indian newspapers which is critical of the Pakistani army and the Pakistan Security Services and has thereby been disloyal to Pakistan and undermined Pakistan.
Chapter 11: 21st December 2013 broadcast
"Baba Ji please come and give your stance and whatever you will say, I promise, I will listen silently. I will ask you only four questions and the questions are about corruption, about getting money from foreign governments, about changing your editorial content …
Ethically it is very wrong that you keep on taking funds from external powers and here you show the paid content and try to change the ideology of Pakistan according to their wishes and try to manipulate our values, whether they are social or religious values. For me there is only one meaning of Pakistan: "there is no one but Allah", and, if your campaigns talk about changing it then is it not a point to ponder that this is the worst case of journalism?
Those people who want to become uncles of India, tell them for God's sake do not cause damage to the country for their small financial gains. This country is yours. Quaid-i-Azam gave it to you to make a nation; do not make it a note-making machine;
.. at first I want to ask a question to Baba Ji: Baba Ji, is it true that you tried to change the ideology of Pakistan after taking money from other governments in the "Zara Sochiye" campaign.
Two types of people cannot survive in Pakistan, remember my words: one who is blasphemous of the Prophet Muhammed and is against Islam, and the second who is against the integrity of Pakistan, who reeks of ties to the Indian intelligence agencies and RAW. Pakistanis are very clear on these two issues.
We have received a news that a behind-the-curtain campaign is going on, it's a new campaign of Baba Ji in which every man who has unmasked his disgusting plans after coming on this programme … whether it is the talk of getting funds from the CIA, whether it is talk about Aman Ki Asha, whether they are stories published in the Hindustan Times or whether they are stories published in the Indian Express, whether they are stories reproduced here or the stories reproduced there in which the linkages are the circumstantial evidence and the evidence of Indian intelligence agencies can be seen in these linkages. Now they are planning to start a campaign against every such person, from Monday to discredit them. Your name is also in that campaign Aqeel Dhedhi Sahib, congratulations to you.
Aqeel Karim Dhedi: No, no, it is a very good thing. Because if they write against us before the enemies of the country, we will be pleased; we have no regret because we know one thing that whatever we say, it will be true, and we say nothing except the truth, and, by the grace of Allah, whatever they will say, it will be a lie, and they will say nothing except lies and this is the biggest point. Mir Sadiq and Mir Jafar, all these roles are for the world to see now and now Mir Shakil Sahib has surfaced and is following in the their footsteps. So, we are pleased that such people are being unmasked before the people and all the credit goes to you that the name which everybody was afraid of citing, today, you see, see the social media and listen to the ordinary people, everybody is talking about him and they are not speaking anything good of him. I think that you have placed him in such a situation that now this programme, I think, has become his only option, as well because he needs to save face, but he has no excuse, this is the difference.
Aqeel Karim Dhedi: … I think those who are the enemies of the country, this land should be made difficult for them. It is only a request to the, people, for God's sake, to get rid of them and the only way to get rid of them is to at least not read the newspapers that benefit the enemies of the country."
The Claimant is an enemy of Pakistan who:
(1) has traitorously accepted money from Indian intelligence agencies and other foreign countries to change his editorial content to favour their interests and benefit the enemies of Pakistan, and to act against the integrity and ideology of Pakistan; and
(2) has masterminded a conspiracy together with the Indian intelligence agencies to campaign against and discredit everyone who had come on the Khara Such programme to expose his disgusting plans.
The Claimant has questions to answer, which he could do by appearing on the programme. But instead he is reported to have begun a campaign to discredit through the Hindustan Times, Indian Express etc everyone who has come on the programme (Khara Sach).
Analysis
Decision
The Claimant is an enemy of Pakistan who:
(1) has traitorously accepted money from Indian intelligence agencies and other foreign countries to change his editorial content to favour their interests and benefit the enemies of Pakistan, and to act against the integrity and ideology of Pakistan; and
(2) has engaged in a campaign to discredit everyone who had come on the Khara Such programme to expose his disgusting plans (i.e. (1) above).
Chapter 12: 28th January 2014 broadcast
"Aqeel Karim Dhedhi: … especially whom you call Baba Ji; I won't call him Baba Ji, because Baba Ji (word) is a very respectable name in my eyes… so, I will, at least, request you also that you don't call Mir Ja'afar and Mir Sadiq of this country, Baba Ji. Because he is the same guy who has pushed this country to the brink of disaster that nobody can even think of; unfortunately, organizations have been rendered paralyzed at his hands. You have talked of 22-page crime (report)… I swear to God, I don't tell a lie, the number of crimes they have committed … Shakil-ur-Rahman Sahib, Mir Sahib and Ja'afar Sadiq Sahib … It means there is something wrong Baba Ji or Mir Ja'afar or Mir Sadiq get certain things done, using their stick (influence). But I say one thing to them with guarantee that, after this act, their days will also be numbered. All this happiness that they are rejoicing, they (or he) will get pain out of the same happiness because they have caused so much damage to the country. … I feel sorry for the fact that their team of journalists in Islamabad ... Their job is to be on sale. They will sleep with the person who gives them higher price than yours. Then they call themselves media. I think they are shameful blemishes on the name of media … And yes, these are the terms of Mir Ja'afar Sahib and he gets his people saved. It is his power; we acknowledge it. But this race won't last long because of the number of crimes he has committed.
Mubashar Luqman: ... Baba Ji, in this book, there are many questions to you. I tell you there are some questions. … nor have you told anything about 'Aman Ki Asha''s Indian funding. Aman ki Asha Natasha whatever it is; in this, you mind it and get disheartened. Whenever the name of India is cited and anything is said about India, then Baba Ji's heart-sinking starts suddenly; medicine has to be given to him.
And you didn't tell that after taking British funding, why have you been trying to hide it and you also didn't tell that in order to transform the Pakistani judiciary according to the American desire, why did you ask the State Department, American State Department for three million dollars? And how come you protect the Indian interests by publishing the Hindustan Times' story and news against the Pakistan Army? …
Aqeel Karim Dhedhi: I cannot understand one thing that why the entire government is sitting at his feet. What is the reason? That this Mir Shakil, we will only say Mir Ja'afar because in my opinion…
Aqeel Karim Dhedi: … People are afraid of your Mir Ja'afar and Mir Sadiq. I am ashamed of our people that they are afraid of the traitors of this era, I think.
Aqeel Karim Dhedi: … Baba Ji or Mir Ja'afar
Mubashar Luqman: … Baba Ji or your Mir Ja'afar, Mir Sadiq…"
The Claimant is a traitor who has
(1) received funding from India to protect Indian interests, and in a direct attack on the rule of law, solicited three million dollars from the US State Department by offering to corrupt the Pakistan judiciary to deliver pro-American rulings; and
(2) prostituted his journalists in Pakistan to the highest bidder, including publishing attacks on the Pakistan army.
Particulars of Innuendo
Mir Sadiq and Mir Jafar are two historical characters held in the highest contempt and reviled as traitors by the Indo-Pakistani community as they betrayed their fellow countrymen by siding with and fighting for the British.
Particulars of Reference
Baba Ji would have been understood by all or nearly all viewers to be a reference to the Claimant, given the repeated references to the Claimant by that name in previous episodes and the content of the episode, including references to:
(i) the Jang Group and the Jang newspaper;
(ii) the Claimant's brother by name.
Questions have been raised of the Claimant in a book and by previous contributions of Mr Dhedhi, but Mr Dhedi has been condemned by Jang, Geo and (The) News as "a very big fraudster".
Analysis
Decision
The Claimant is a traitor to Pakistan.
Chapter 13: 24th March 2014 broadcast
"Baba Ji, is there anything that has been said about you without a proof… which proofs you have yourself published : have published in your replies. You have admitted yourself in them … you submitted to CIA for money… what is left now to confess to? … Is it wrong that you published maligning stories and fabricated stories against Pakistan's institution, Pakistan Armed Forces, Pakistan's intelligence agencies? Is it wrong that you (did not) bend backwards to link Ajmal Kasab and Pakistan and ISI, all of them, to please the Indians?
And isn't it true that you asked the US State Department for many million dollars through CIA and you presented your programmes for sale.
You said this programme, this programme, this programme - we will air these many episodes for you. Isn't it true that after taking it as paid advertisement you have been showing it on your channel as public service campaign, and you lied to the people,…"
The Claimant traitorously:
(1) published fabricated stories to malign Pakistan's institutions, armed forces, and intelligence agencies;
(2) (natural and ordinary, alternatively innuendo meaning) offered to broadcast the American intelligence agency's choice of television programmes as if they were a public service campaign, in return for payment, thereby deceiving the Pakistani people; and
(3) (by innuendo) went to great efforts to publicly link notorious terrorist Ajmal Kasab to Pakistan and its security services, thereby damaging Pakistan, in order to promote Indian interests.
Particulars of Innuendo
(1) The CIA is the United States of America's intelligence agency, as would be known to all or nearly all viewers.
(2) Ajmal Kasab is notorious as a member of the group who carried out a string of terrorist attacks in Mumbai in 2008, as all or most Khara Sach viewers would have known. He was the only member of the group caught alive by the Indian authorities, and was found guilty of 86 charges, including the murder of 166 people. He was hanged for his crimes in November 2012.
(3) The ISI is Pakistan's principal intelligence agency, as all or nearly all viewers would have known.
Particulars of Reference
Baba Ji would have been understood by all or nearly all viewers to be a reference to the Claimant, given the repeated references to the Claimant by that name in previous episodes and the content of the episode, including references to:
(i) the News and Jang newspapers; and
(ii) the Claimant's brother by name.
If things have been said about the Claimant without proof then he should speak up and say so.
Analysis
Decision
The Claimant disloyally:
(1) published fabricated stories to malign Pakistan's institutions, armed forces, and intelligence agencies;
(2) offered to broadcast the American intelligence agency's choice of television programmes as if they were a public service campaign, in return for payment, thereby deceiving the Pakistani people; and
(3) went to great efforts to publicly link notorious terrorist Ajmal Kasab to Pakistan and its security services, thereby damaging Pakistan, in order to promote Indian interests.
Chapter 14: 21st April 2014 broadcast
"I am saying it, that I suspect that Baba Ji committed treason several times and this too will come in the ambit of treason under the Constitution of Pakistan.
I have boycotted Jang, Geo, News,
I am seeing a very important point in this case and am noticing one that entry was not allowed to be made in the diary (roznamcha); its page is blank; FIR is not being registered on the Geo management's insistence. The forensic evidence has been washed; the other physical evidence there has been got destroyed; and after that, the driver is not being handed over to police; the gunman is not being handed over to police for statement. What is going on? Who is stopping this?
Salman Ghani: See, the point is that I think that your point is valid that why the FIR has not been lodged so ...
Mubashar Luqman: Salman Ghani Sahib! May I tell you one thing? Injustice is being done to Hamid Mir and his own channel is doing it.
Mubashar Luqman: … I have boycotted Jang, Geo, News for quite some time now because I cannot tolerate any such organization that speaks evil of the armed forces of Pakistan and the Pakistani military's auxiliary organizations. I don't feel any disgrace in it while saying this. If somebody wants to label me as an agent of someone, let him say so. But at least no one can call me an agent of CIA or RAW, thanks be to God! And I must share one thing while leaving, Baba Ji, there are some moments that force human beings to think. I am showing you something while leaving. You will come to know Pakistan, Pakistani nation is proud of its armed forces and I curse every such person who insults or jeers at the Pakistani armed forces and especially our martyrs."
168. The Claimant contends that the words complained of bear the following "natural and ordinary (and/or innuendo)" meaning:
(1) Natural and ordinary, alternatively innuendo meaning: The Claimant has committed treason several times and acts as an agent of the US or Indian intelligence agencies.
(2) Innuendo meaning: The Claimant was obstructing the police investigation into the attack on Hamid Mir, and was thereby doing an injustice to his own channel's reporter.
Particulars of Reference
(1) The references to 'Baba Ji' would be understood by all or nearly all viewers to be a reference to the Claimant, given the repeated references to the Claimant by that name in previous episodes, and the content of the episode, including references to:
(i) The Claimant's son by name; and
(ii) Jang and Geo.
(2) The Claimant's position as the operational head of the Geo television channel was known to all or nearly all viewers such that the reference to "Geo's management" would have been understood by such viewers to be a reference to the Claimant, or persons acting on his instructions.
Particulars of Innuendo
(1) The CIA is the United States of America's intelligence agency, as would be known to all or nearly all viewers.
(2) RAW is India's foreign intelligence agency, widely believed to focus its activity on Pakistan, and therefore notorious among Pakistanis, as would be known to all or nearly all viewers.
(3) Hamid Mir, one of Geo and Pakistan's best known television presenters, was shot several times while being driven in Karachi on 19 April 2014, as was widely reported and would have been known to all, or nearly all, viewers.
(4) A FIR would have been understood by all or nearly all viewers to be a First Information Report (FIR), a complaint lodged with the Pakistan police about the commission of a criminal offence and a necessary step for a police investigation to commence.
The presenter has boycotted Jang, Geo and News for quite some time. Geo management (Mir Ibrahim Rehman) is insisting that an FIR is not registered. It follows that injustice is being done to Hamid Mir.
Analysis
Decision
The Claimant is suspected of having committed treason several times contrary to the constitution of Pakistan.
Chapter 15: 22nd April 2014 broadcast
"I tell you that I have filed a petition with the Lahore High Court this morning. I myself have submitted it, not through the counsel that the licence of Geo and the declaration of Jang and News should be cancelled. Because I am clear and have been talking about this on TV that the enemies and traitors of Pakistan have no right to live in the country, they should not get the benefit from the country. We will not let succeed the person and institution that violates Pakistan, Pakistan's institutions and constitution at any cost here. I always say two words to my friends that two kinds of people cannot develop in the country. God forbid the blasphemer of the Prophet has neither place nor respect here and the other is the blasphemer of Pakistan. We will not tolerate the insult or venom spitting against all the institutions which are linked to the solidarity of the country and with which Pakistan's past, present and future is attached. It was the content of the petition that I submitted today. I tell you a development, but two developments. The FIR of the attack on Hamid Mir Sahib could not be registered so far. The owners of Geo TV are stopping the FIR. Yesterday I told you that Hamid Mir was called to Karachi against his will. The Geo vehicle was not sent for transmission, the vehicle of Hertz Company was sent. Who is the owner of this company? This is the matter that requires a lot of thinking. This company is owned by Jahangir Siddiqui, the 'Samdhi' of Mir Shakil-ur-Rahman. This company's vehicle was sent. Today you might have listened to the self-declared interview after four days, if you are among the people who watch Geo. I do not watch. I have been told. Alhamdullilah! I appeal to all my friends that they should boycott every newspaper or channel that commits any act or spits venom against the values of Pakistan.
I come to a small question which I want to ask from the nation before I take a break that forensic evidence is tempered with, police was not asked regarding it, car was washed immediately and was not allowed to be taken into police custody, because they got evidences from it and what they said after it that gunman and driver were not being given in custody, evidence of blood specimen etc were not allowed to be taken, if something happened to Hamid Mir, then whether Mir Shakil-ur-Rahman was not the beneficiary in the world, and could it be possible that Mir Shakil-ur-Rahman was involved in it.
I have short time and before leaving I will tell you again that who is enemy of the Pakistan Army is an actually traitor of the country and I have no doubt in it and for this reason today I have filed a petition in a Lahore High Court. … this face of Baba Ji without wig, yes without wig, that Baba Ji, no one can be allowed to become Mir Jafar and Mir Sadiq in the country and ... From today you promise to boycott, boycott, boycott Jang, News and Geo…"
(1) The Claimant is a traitor, an enemy of Pakistan, someone who had violated the constitution and the country and its institutions and, as a result, he should have no right to live in the country and his company should be stripped of its broadcasting licence.
(2) Natural and ordinary, alternatively innuendo meaning: The Claimant was reasonably to be suspected of involvement in the attack on Hamid Mir, and was guilty of obstructing and/or impeding the police investigation into the attack.
Particulars of Reference
The Claimant's position and status within the Jang Group would have been known to all, or nearly all, viewers, such that the reference to "the owners of Geo" would have been understood to be a reference to the Claimant.
Particulars of Innuendo
(1) Hamid Mir, one of Geo and Pakistan's best known television presenters, was shot several times while being driven in Karachi on 19 April 2014, as was widely reported and would have been known to all, or nearly all, viewers.
(2) A FIR would have been understood by all or nearly all viewers to be a First Information Report (FIR), a complaint lodged with the Pakistan police about the commission of a criminal offence and a necessary step for a police investigation to commence.
The presenter has petitioned the Lahore High Court and submitted that the licences of Geo, Jang and News should be cancelled. However Geo are preventing the registration of an FIR concerning the attack on Hamid Mir
Analysis
Decision
(1) The Claimant is a traitor, an enemy of Pakistan, someone who had violated the constitution and the country and its institutions and, as a result, he should have no right to live in the country and his company should be stripped of its broadcasting licence.
(2) The Claimant was reasonably to be suspected of involvement in the attack on Hamid Mir, and was guilty of obstructing and/or impeding the police investigation into the attack.
Chapter 16: 23rd April 2014 broadcast
"And today's topic is the same again: Baba Ji's somersaults. Previously, Baba Ji tried his best that Pakistan's national and security institutions could be defamed. But after that when he realized that people of Pakistan were not paying any heed to his baseless, crude and offensive allegations rather were showing reaction to it, then he immediately took a somersault. ... Let me tell you that very frightful things are coming before us during the past four days. Let me refresh your memory that the Sindh police-the Karachi police- are under severe pressure currently- under severe pressure- because some of Baba Ji's employees have occupied a particular police station in Karachi, are ensconced there continuously; ( they) are also taking tea, also having meals… where an FIR should have been registered, so far no clear-cut FIR about that incident could be registered. And the main reason for it is that the driving spirit of Geo and Jang Group has kept it blocked. Not now, when he will want so, it will be registered. Within two hours, he got washed the vehicle that had been attacked… it was sent to car wash, and did not give it in police custody. Rather the forensic evidence, if there was that was destroyed entirely from (within) the crime scene. And he is the same Baba Ji, and I am talking of the crime scene, about which he had told us a lot at the time of martyrdom (Shahadat) of Benazir Bhutto… you talk (you said) that how big a sin that was of General Pervez Musharraf i.e getting the crime scene washed. ... And after that, the driver and the gunman have not been given in the police custody. Their statements were not permitted to be recorded. And then, I think, the name of Hamid Mir Sahib who is a genuine victim and who got injured there has been used wrongly. I have lots of sympathy for him and his family. Firstly, it was learnt that Hamid Mir did not want to go to Karachi. He had severe security concerns. ... Then a car was called from the company of Jehangir Siddiqui, who is Baba Ji's Samdhi (father-in-law of Baba Ji's child). A new driver was called out, there was a gunman also. Nobody knew… Only a few people of the same organization… four to five people knew that Hamid Mir Sahib would come there. What time he would come out of the airport, where he would be, what would be his route… … And it is regretted that the prime minister managed to visit Hamid Mir Sahib to enquire after him sparing some time out of his busy schedule. He did it well, he did it well that he visited him rather he should have defused the situation also. But who did not turn up to see Hamid Sahib. Baba ji did not come. Baba ji is controlling the television by sitting behind. Last night the transmission that was on air was being monitored by him from Dubai and he was directing " bring his picture now, conduct such and such person's interview; edit this one, now tell him to ask this question and now tell him to give this reply". He was monitoring this all. He did not visit his most trustworthy and blue-eyed anchor to enquire after him. Neither did he come, nor did his son and nor any other family member visited him so far as I have the information and, Asad Kharal, it is saddening.
I will tell you today one thing after which it would be revealed how big sin Baba Ji had committed.
I, Babar Awan Sahib, tell you another thing. Wait a minute. I am starting a series of wrong news that I said that they have committed blasphemy. I have not levelled any minor allegation, I am levelling a major allegation. To me, it is blasphemy that you, in any capacity, in any manner, quote any verse of Quran, wrongly or if you tell anything, any event that is not a part of Quran or its detail is not there. And you remain adamant when you are told that you've done a wrong, a wrong has been committed, please correct it (but) you remain adamant and you don't correct that mistake, then you can be taken for a blasphemer.
If I write anything by design or if any unlucky person intentionally writes such sentences which are in the Ahadith but attributes them to Holy Quran to substantiate his arguments "that I'm highly rational", then has he committed blasphemy?
Mufti Abdul Qavi: Look, it is a saying of the Holy Prophet Peace Be Upon Him said, "whichever unfortunate person attributes any wrong thing to me he will face disgrace in this world and the Hell is his abode in the life hereafter". And Quran is such a holy book that not only religious scholars of Islam, but the intellectuals of the entire world say that Quran is such an innocent Book that Allah Almighty Himself has been keeping it safe for 1,500 years and Quran itself says, if anything is attributed to Holy Quran in this manner with reference to translation or comprehensive interpretation and it is then presented so that the Quran is saying this, then we all Islamic scholars are unanimous on this point that such a person goes out of the ambit of Islam because addition in Holy Quran, reduction in Holy Quran and intentionally done mistakes in Quran's translation are such sins that take the humans out of the ambit of Islam and place them in paganism.
Mubashar Luqman: ... Ansar Abbasi Sahib, you had written this column and Mir Shakil-ur-Rahman you published it. Both of you were reminded repeatedly that you please correct it; you refused and you have heard the fatwa of the religious scholars as to what Quran itself says about you. Take a break.
Mubashar Luqman: ... I had told you, Baba Ji, and I'm telling you for the last several days- four days- that what we consider our armed forces, how much we keep them in our heart and near our heart. May you have a patriotic heart and that you should know that you are taking money from outside to hollow the roots of the country that gave you everything, ... I will prove that you took money from outside and you did not declare it over here, Baba Ji, just to let you know how much I hold the forces, the armed forces of Pakistan in gratitude because these are their martyrdoms that have given us tranquility and peace, given us this country and kept this country safe and sound. Watch this and eat your heart out."
(1) The Claimant was guilty of blasphemy.
(2) The Claimant is a traitor who has secretly taken money from foreign powers, which he has not declared, in order to act against the interests of Pakistan.
(3) The Claimant was guilty of destroying or attempting to destroy evidence at the crime scene of the attack on Hamid Mir.
(4) The Claimant was guilty of obstructing the police investigation into the serious attack on Hamid Mir.
Particulars of Reference
The references to 'Baba Ji' would be understood by all or nearly all viewers to be a reference to the Claimant, given the repeated references to the Claimant by that name in previous episodes, and the content of the episode, including references to:
(i) The Claimant by name during other parts of the episode; and
(ii) Jang and Geo.
Particulars of Innuendo
(1) Hamid Mir, one of Geo and Pakistan's best known television presenters, was shot several times while being driven in Karachi on 19 April 2014, as was widely reported and would have been known to all, or nearly all, viewers.
(2) A FIR would have been understood by all or nearly all viewers to be a First Information Report (FIR), a complaint lodged with the Pakistan police about the commission of a criminal offence and a necessary step for a police investigation to commence.
An account of the attack on Hamid Mir and the police investigation. A report of the Prime Minister's visit to Hamid Mir. Then a consideration of some Geo/Jang output with reference to the teachings of the Qu'ran.
Analysis
Decision
(1) The Claimant was guilty of destroying or attempting to destroy evidence at the crime scene of the attack on Hamid Mir and obstructing the police investigation into the attack.
(2) The Claimant was guilty of blasphemy.
(3) The Claimant has money from abroad and has not declared it.
Chapter 17: 24th April 2014 broadcast
"You see Baba Ji, how bad are these things i.e telling so much lies. Mr (Janab) Sabir Sahib, his lies are not going to end. Now, he is trying to hoodwink again and taking a new turn. Why don't you say it straight away that "we have committed a mistake; we have received money from abroad, brother; from foreign countries. You also have proofs of the receipt of that money; please forgive us and award us appropriate punishment and we start anew, after that."
Sabir Shakir: I think when money is involved, then national interest, the country and all these things go to the backburner.
Mubashar Luqman: Do you know Baba Ji has sacrificed eight goats this morning …
Sabir Shakir: Were the goats bought with dollars or rupees?
Mubashar Luqman: Again foreign aid. Be ashamed, Baba Ji. How much money will you receive from enemies of Pakistan?
Mubashar Luqman: ... Thirdly, the Geo and Jang administration deliberately got the forensic evidence destroyed, got the vehicle washed and kept the gunman and guard in their own custody. It did not let the case registered with the police. The entry remained blank in the daily report for five days. As a lawyer, you can tell the Pakistani people that how big is this crime.
Sabir Shakir: … as soon as this incident took place the demand that came immediately thereafter from Geo was that the DG ISI should resign. This was pre-planned. Now, it should be given some thought that why the demand came immediately thereafter. Now the DG ISI should inquire that who wants to bring about the change.
Mubashar Luqman: They are working on an agenda from whom they are taking money.
Mubashar Luqman: ... Geo Television does not want to call enemy of Pakistan as enemy.
Mubashar Luqman: ... Baba Ji, Baba Ji, Sarabjit Singh had martyred 14 Pakistani citizens and if you feel frightened calling him a terrorist then you should be ashamed. You are what you are because of this country and me too and I tell you who is traitor of Pakistan is a traitor and who is a friend of RAW, he is also traitor. Today we all Pakistanis have to decide whether we have to move for the protection of Pakistan and Pakistan's institutions or we have to follow cheap and hidden tactics of those people who are creating anarchy in this country after taking money from various forces. You have to decide."
(1) The Claimant is a traitor who has taken money from the enemies of Pakistan to create anarchy within Pakistan.
(2) The Claimant is guilty of destroying evidence and obstructing the police investigation into the serious attack on Hamid Mir.
Particulars of Innuendo
RAW is India's foreign intelligence agency, as all or most Khara Sach viewers would have known.
Particulars of Reference
The references to 'Baba Ji' would be understood by all or nearly all viewers to be a reference to the Claimant, given the repeated references to the Claimant by that name in previous episodes, and the content of the episode, including references to:
(i) The Jang group; and
(ii) Jehangir Siddiqui as the father-in-law of his daughter.
The Claimant's position as the operational head of the Geo television channel was known to all or nearly all viewers such that the reference to "Geo's management" would have been understood by such viewers to be a reference to the Claimant, or persons acting on his instructions.
The Geo and Jang administration (in Karachi) got the evidence destroyed. Today all Pakistanis have to decide whether to move for the protection of Pakistan and its institutions or to follow those people who are creating anarchy. You, the viewer, has to decide.
Analysis
Decision
(1) Geo and Jang were involved in destroying evidence and obstructing the police investigation into the attack on Hamid Mir.
(2) Pakistanis have to decide whether to move for the protection of Pakistan and its institutions or to follow those people who are creating anarchy.
Chapter 18: 5th May 2014 broadcast
"If you have been watching Khara Sach and ARY regularly over a period of time during the last 4-5 months…. In it, as we witnessed, we exposed the involvement of Indian and American agenda in Pakistan and in the elections, especially due to Baba Jee – Mir Shakil-ur-Rahman- who is the leading light of the Jang and Geo Group. To personally make money, first of all, he not only put the culture, history and religious values at stake but also put the political future of Pakistan at stake now and it were the Pakistani people who were deceived, not anyone else- neither any political party nor a candidate. But this fraud was committed with the Pakistani people that they were deprived of their due opinion (vote).
Jang and Geo … they also have funding from foreign countries.
If you look at the funding of Geo, it has come from abroad. It has come from the State Department.
Imran Khan: ... Now your funding has come from abroad. From where the funding has come, their stance with the government is that Pakistan should 'Do More' and fight. … they are saying fight the war and Do More and they are calling me Taliban Khan because I talk about the dialogue. My objection is that you are setting the agenda of a country; you are setting the narrative of the country and you are getting the funding from abroad. The funding is coming from the place which has vested interest that Pakistan should remain engaged on the western border and continue to fight… … funding should come from abroad and then narrative should also be theirs.
Imran Khan: ... If you criticize Jang, Geo which is a due criticism. Tell me in any world that foreign fund- imagine you are sitting in America and your media house is running some media house in America after funding from Russia. Will they allow?"
The Claimant was a traitorous mercenary who has, through his paid promotion of the Indian and American agenda in Pakistan, put Pakistani culture, history and religious values in jeopardy, and has defrauded and deceived the Pakistani people.
Jang and Geo have funding from foreign countries, including the US State Department. Imran Khan questions whether this is a correct situation.
Analysis
Decision
The Claimant is paid to promote the Indian and American agenda in Pakistan, and has put Pakistani culture, history and religious values in jeopardy, and deceived the Pakistani people.
Chapter 19: 12th May 2014 broadcast
"Your relations with RAW, the notorious Indian intelligence agency, and their Intelligence Bureau IB and similarity between style and language of Indian media news and Jang and Geo news, their sentences and their statements, and an internal inquiry report of Hindustan Times, and please explain it today Baba Ji, that how much money did you get for false propaganda against the national integrity and solidarity, be it Ajmal Kasab, be it integrity of Pakistan Army. Please tell us how much you got and why; because we will not let traitors live peacefully in this country; we will follow the traitors. ... And above all, you talk about peace with India (Aman ki Asha), you got funding for it; and how did you get overseas ID card. Baba Ji, I have a lot of questions and a lot of proofs,
the friend of "RAW" is a traitor. He who gets money from abroad … plays advertisement as editorial in the way of 'Please Think' (Zara Sochiye) , he is a criminal, his license should be cancelled, his declaration should be cancelled. ... You wanted your name, Mir Khalil-ur-Rahman, Mir Shakil-ur-Rahman, Mir this, this, this, and Mir that, that, that. But, in history, there are some Mirs in the history, they are remembered, and you are remembered in your life like those.
And if you think I am saying something wrong, I will show you a document, US State Department's leaked document about MKRF, what they say about Mir Khalil-ur-Rahman Foundation, they say … due to shortage of judges, Pakistan is in the grip of crimes, and this campaign is launched on the wishes of America and to fulfil its designs with the American funding, with the American funding. Not only this, but in the proposal it is suggested that Geo will promote this campaign in its flagship programmes and TV programmes will be used to change public opinion. And in this proposal it was acknowledged that in year 2006, Jang Geo Group pressurized the government to repeal Islamic Shariat laws, and New York Times wrote in one of its articles the four programs on Hudood Ordinance Geo provided justification to the government to change these laws. Not only Hudood Ordinance, Geo group, with the collaboration of Indian newspaper Times of India, is running project "Aman ki Asha" from the year 2010, to create soft corner in the hearts of Pakistanis, whereas on the Pakistani borders, soldiers are killed by Indian shelling. Not only this, fake surveys were conducted to prove that "Terror Perception" about India, has fallen to between 75 per cent and 87 per cent. And "Zara Sochiye, Zara Sochiye" (Just Think) is also included in it.
Sania Kamran: ... We have been watching that since a long time, a media house Geo, Jang, 'I should say the name', Mr Mir Shakil-ur-Rahman, yours …
Mubashar Luqman: Baba Ji, Baba Ji.
Sania Kamran: Baba Ji, I will be grateful if you push his chair farther, because now his photograph is becoming unbearable, because from his photograph comes out the stench of a traitor. I want to tell you that we have been watching since long that there is openly running a negative campaign against the army, armed forces and ISI on channels, on Geo and Jang. And now they have started character assassination of my leader Imran Khan. They have launched a proper smear campaign since he was named and called a traitor. I want to say that he should be arraigned under Article six when he launches campaign against our ISI, our army and our respectable political leaders and try to impose their opinion on common man. So I believe he is a traitor because he takes undue advantage of his powers, … sets agenda against Pakistan, takes money from "RAW", ...
Mubashar Luqman: Imran Khan is a leader of very high stature and Shakil-ur-Rahman is a dwarf in front of him, there is no two opinions in this regard.
Sania Kamran: they should not dare, they should not dare!
Mubashar Luqman: no. but traitor is paid for that. And what else they can do except that Pakistani leadership, Pakistan ….
Sania Kamran: how much money they want?
Mubashar Luqman: first they were minting money along with Iftikhar Chaudhry, now, I don't know, in whose connivance they are minting money?
Sania Kamran: No, how much money they want? They should be afraid of Allah, there is a limit, there is a limit of lust for money, and their lust seems to be unending.
Mubashar Luqman: This money is!!!!
Sania Kamran: It looks like they are bent upon selling Pakistan!!
Mubashar Luqman: … this is an adequate proof that money has been paid, and it is not reflected here, I mean, from Mir Shakil-ur-ahman, from Baba Ji, that he has got the money, he launched campaigns on some one's instance, like 'Zara Sochiye'. He also made an unholy attempt to change the slogan of Pakistan that "What is the meaning of Pakistan, noting but Allah" ... This is an insult to Pakistan
Muabshir Luqman: ... Let me tell you, when you have taken money, you are giving justification before your masters and that is against the solidarity of Pakistan, Sania.
Sania Kamran: I just want to say that Mir Shakil-ur-Rahman should understand that masses are not fool. He will run any agenda on TV and Sadaqah will be paid on it and will be accepted.
Mubashar Luqman: they have got money for it, they will run it?
Sania Kamran: They should not do it, they have no right. I believe that action should be taken …
Mubashar Luqman: ... Baba Ji, you said that prove a single allegation, I am telling you about Indian media assault and the concern for army on different channels, those news that you published and Hindustan Times published, and then credit to Hindustan Times who apologized for publishing wrong story, but you published that again, and instead of seeking apology, you tried to belittle Pakistan. And if I am not wrong, you have sworn to belittle Pakistan."
The Claimant is a traitor who should be prosecuted for treason and never be allowed to rest peacefully because he:
(1) is complicit with and has taken money from RAW, the notorious Indian intelligence agency and their intelligence bureau IB, to publish false propaganda damaging to Pakistan's national integrity and solidarity;
(2) has sworn to belittle Pakistan;
(3) broadcast foreign government's advertisements as editorial on Geo's "Zara Sochiye" ("Just Think") programme and was therefore a criminal and his company's television licence should be revoked; and
(4) is willing to accept money to promote any agenda no matter the harm it causes to his native Pakistan.
The Claimant is urged to explain the overseas funding of Geo and Jang with reference to the inquiry report of the Hindustan Times, and also the funding for 'Aman Ki Asha', and all of this with reference to MKRF's proposal for funding to the US State Department and the latter's leaked document on the subject
Analysis
Decision
The Claimant is a traitor who should be prosecuted for treason and not allowed to rest in peace because he:
(1) is complicit with and has taken money from RAW, the notorious Indian intelligence agency and their intelligence bureau IB, to publish false propaganda damaging to Pakistan's national integrity and solidarity;
(2) has sworn to belittle Pakistan;
(3) broadcast foreign government's advertisements as editorial on Geo's "Zara Sochiye" ("Just Think") programme and was therefore a criminal and his company's television licence should be revoked; and
(4) is willing to accept money to promote any agenda no matter the harm it causes to his native Pakistan.
Chapter 20: 13th May 2014 broadcast
"According to Media Commission report, they got foreign funding, … Baba Ji, ... He wrote to State Department of America that we will change our programmes , and we already ran campaigns for money, that included 'Aman ki Asha' and Hudood Ordinance, and that we run campaigns for you. After that the proposal of MKRF, Mir Khalil-ur-Rahman's, then you Baba Ji, you used cheap tactics for character assassination, for example, I tell you that you leveled grave allegations against Pakistan Army, baseless allegations, that you have been doing this for a long time, this is not the first time that you did it. … but when Mr Mir Shakil-ur-Rahman say that that allegations are leveled against him, he is telling lies. There are not only allegations, but here we presented their proofs, and above all, I have all the proofs, I have emails, I have record of the phone calls. … it can be said that the government, along with Baba Ji, is trying to dishonour Pakistan army and security institutions of Pakistan. … I challenge false and baseless things, from this forum of ARY, a poll which was conducted by your institution, Baba Ji, and given to your Hindu masters or friends to appease them, that without resolving Kashmir and water dispute with India, are friendly ties with India possible
today eighteen core people reply to you that here, in this country, no foreign agenda will be implemented, in Pakistan only Pakistan's agenda will be enforced. … When you show results of false polls, you are not only giving a news, but also putting in danger solidarity of Pakistan. My war with Baba Ji is this that for his lust of money, for his greed, he has put at stake culture of my country, traditions of my country, economy of my country, peasants of my country, businessmen of my country, politicians of my country intelligentsia of my country and everything of Pakistan. And in the international community tagged every negative thing to Pakistan and caused its disrepute, be it Ajmal Kasab, be it Mumbai episode, be it brutality of Indian forces in Kashmir.
I have received a message from Saif Ullah Butt from Lahore, and the words he has used about Baba Ji, I cannot repeat them on TV, but almost same words were said in 1971 about Baba Ji's Baba (father) Mir Khalil-ur-Rahman by a journalist. I show them on your screen and they were published in a write-up in Karachi's weekly Al-Fatah on January 14, 1971, and its title was Bazar-e-Sahafat ki Tawaif (Prostitute of Journalism Bazar). … I gave you the title of prostitute of journalism …
Farrukh Habib: ... I think Mir Shakil-ur-Rahman is Mir Jafar and Mir Sadiq. ... But, you, Mir Shakil, you are a traitor, you have committed treachery with nation. You tried to defame ISI, first in the name of Bol TV, and then in the name of Hamid Mir you defamed ISI, you have to answer for this. … Mir Shakil-ur-Rahman, Mir Shakil-ur-Rahman, you and your institution Geo has caused immense damage to the country, damaged our ideology, and you talk of 'Aman ki Asha', on the one hand you talk of war on the western borders, and on the other you talk of 'Aman ki Asha'. We want good relations with India, but on equal terms. We cannot bargain our honour, our courage), our self-respect. Nawaz Sharif, be happy in the shameless life, but Tehrik-e-Insaaf and the people of Pakistan want to live with honour with our army and ISI.
Sabir Shakir: … they have admitted that we have got money from Hindus, from Jews, from Christians, from non-Muslims (KAFIR) also.
Mubashar Luqman: they will get from everyone.
Farrukh Habib: I believe Mr Mubashar, this has been the practice of Mir Shaikl-ur-Rahman and his ally Mian Nawaz Sharif, and he always believed that government can be formed and brought down by using, power, intimidation, corruption, plunder, theft. This book of yours, which has so much evidence that Mir Shakil-ur-Rahman, if you think that you are a Pakistani, come and face courts, talk about it and answer to it, but you have no answers, because four, five months have passed since this book was made public and it contained evidence that you got money from India, America, Britain.
Mubashar Luqman: from Norway also.
Farrukh Habib: … I want to tell journalists also that they should raise voice black sheep among them, hold them accountable who have been watching their own interests in the name of journalism. In this country politician can be held accountable, and here eight hours long discussions can be held on generals and ISI, then why not discussion on Mir Shakil? Is Mir Shakil a sacred cow? If Imran Khan has boycotted Geo and Jang, why do you have trouble. I urge the youth of Pakistan, people of Pakistan to continue boycott of Geo and Jang till clean people in media start promoting our ideology, Pakistan's ideology. It is true that it is media's job to show mirror, but this is not media's job to undermine Pakistan's ideological base."
The Claimant is a traitor and a grasping mercenary who, in return for money from various countries was prepared through power, intimidation, corruption, plunder, and theft, cravenly to advance Indian interests by treacherously and deceitfully:
(1) (natural and ordinary alternatively innuendo meaning) running campaigns, which through character assassination and baseless allegations against the Pakistan army, dishonoured the Pakistani army and security institutions of Pakistan;
(2) being prepared to put in jeopardy the culture, economy, people, businesses, politicians and everything that mattered to Pakistan; and
(3) casting Pakistan into disrepute notwithstanding the atrocities committed by the Indian forces against Pakistan.
Particulars of Innuendo
The ISI is Pakistan's principal intelligence agency, as all or nearly all viewers would have known.
According to the Media Commission Report they got overseas funding in return for running domestic campaigns.
Analysis
Decision
The Claimant is a greedy traitor who, in return for money from various countries, was prepared to advance Indian interests by treacherously and deceitfully:
(1) running media campaigns, which dishonoured the Pakistani army and security institutions of Pakistan;
(2) putting in jeopardy the culture, economy, people, businesses, politicians and everything that matters in Pakistan; and
(3) casting Pakistan into disrepute notwithstanding the atrocities committed by the Indian forces against Pakistan.
Chapter 21: 14th May 2014 broadcast
"Do you think that Geo and Jang , under the guidance of Mir Shakil-ur-Rahman, especially in Pakistan, have put the Pakistaniat and Islam at stake and to earn money, he is fanning sectarianism here or that he promoted it or has done more things like that.
Abbas Kumaili: yes, I think so and I'm not thinking so from today; realizing since long that he has always fanned sectarianism and published such material by way of which sectarianism should spread.
Hamid Raza Khan: … Islamic teachings are being openly ridiculed and I'm sorry for Pemra which does not realize that when our new generation, the raw minds-children- will see these types of programmes then what kind of Muslims they will become in future, then we intentionally….Thanks be to God!, look, I am a moderate type of a Muslim. I opine that every person has the right to lead his life according to his sect, but if you come up with this kind of Islamic facade and if you promote it in a special way
Mubashar Luqman: … Abbas Kumaili Sahib, the thing is that you are also a senator and since you are a member of legislature, I want to ask you that shouldn't there be a criminal case registered under Section 289 A of Pakistan Penal Code against Geo's morning show organizers and host, including owners Mir Shakil-ur-Rahman and Mir Mir Ibrahim-ur-Rahman.
Mubashar Luqman: what is the fault of the programme; they are sitting above it who are further pulling the strings of puppets.
Hamid Raza Khan: look Mubashar Sahib excuse is worse than sin; after all they are also involved in this to some extent; if someone says that the conviction of your faith so Mubashar Sahib, it did wake up so you also called me, also called Allama Abbas Kumaili Sahib; you expressed the conviction of your faith, you showed love and devotion for Maula Ali and BiBi Fatimatuz Zahra, so where this disrespect was going on, where that un-Islamic act was being committed, there that man or woman could refuse that "Sir, this is like ridiculing Islamic teachings , we cannot do the show on such a sensitive issue." So you see unless it is all crystal clear, I think along with owners, people who participated in the show, the people who were present there, they are equally guilty. As regards their testimony whether they had any such intention or not, this issue will be taken up in the court, and we will Insha Allah completely fulfil our religious and Pakistani duty and the obligation of faith , this is my promise to you Mubashar Luqman Sahib.
Mubashar Luqman: … Here, under the garb of journalism, Pakistan's solidarity is being attacked. Here people are being told that we journalists or journalism is the 'fourth pillar of the state'. There are three pillars of the state and they are defined in the Constitution of Pakistan. Baba Ji and his cronies … earning money is his first choice and wish. Baba Ji, for the sake of solidarity of Pakistan, survival of Islam and glory of Islam we will raze to ground your power, your money, this hubris."
The Claimant
(1) is a traitor who, for the basest of motives of obtaining money for himself, has put Pakistan, the future of its children and Islam at risk, by promoting sectarianism; and
(2) has used his media empire to promote blasphemy and openly to ridicule Islamic teachings;
and consequently deserves, along with all those involved, to be punished to the fullest extent of the law.
Rhetorically speaking, have Geo and Jang put Pakistan and Islam at stake to earn money?
Analysis
Decision
The Claimant
(1) is fanning sectarianism and putting Pakistan at risk in order to earn money; and
(2) has through his media empire ridiculed Islamic teachings, but thinks he is above the law.
Chapter 22: 21st May 2014 broadcast
"Mir Shakil-ur-Rahman is playing a key role, Baba Ji who never comes to us, even after calling him several times, and sitting behind the scene he raises hollow slogans and continue to challenge us, but this 'fact' has been proved that he has been getting foreign aid and he has been getting money from abroad and that he used that in Pakistan to present from different angles to appease their masters who give him money and they have their agendas, especially to create unrest in Pakistan, internally and externally, to make state institutions confront each other so that it should not be 'stable' …
… we have complaints against the people at the helm who, may God never happen, not only tried to ridicule teachings of Islam, our religious beliefs in their plays, in their talks, in their features, but also challenged solidarity of Pakistan, and state institutions of Pakistan, defense institutions, they adopted disgraceful attitude towards them and remained adamant, now the question arises that for the last a few days, a big 'campaign' was going on, Pakistan's various religious organizations, especially leaders from various schools of thought and various sect
we have 'ascertained' about Geo and Jang that they were getting funds from abroad, there are certain agendas
the question is this, on what agenda basically is Baba Ji working on, Pakistan army, Islamic traditions, meaning Islamic teachings, family of the prophet, his companions, his wives and those Islamic commandments that are binding and no deviation from them, ridiculing them in your plays and showing them, what is this, what is his agenda?
Mir Shakil is 'certified' a man who has hurt the feelings of crores of Muslims, tried to ridicule the teachings of Islam, he should be punished, why is he going to be given a hearing so quickly and giving him punishment, what is this going on, 'do you agree with'?
I have been saying this for many months that Mir Shakil-ur-Rahman Baba Ji has got money against this country and admitted it, he ran campaigns against the ideology of this country even 'Zara Sochiye' campaign, he changed LA ILLAH ILALLAH and no Muslim has the right to change the slogan "Pakistan Ka Matlab Kia, La Ilaha Ilallah", this was the meaning of Pakistan and this should remain its meaning … everybody is infuriated, or angry, or sad and there is no doubt about that, every Muslim will be sad"
The Claimant
(1) is a traitor and mercenary who accepted money from abroad to promote foreign agendas to destabilise Pakistan and cause unrest and confrontation;
(2) had tried to ridicule the teachings of Islam; and
(3) had challenged the solidarity of the nation of Pakistan, its ideology and its institutions; and
consequently deserved to be punished for the hurt and offence that he had caused to many millions of Muslims.
Although the Claimant has been asked on the programme several times he never comes to answer about his receipt of funding from overseas, including in particular those funds received by Geo and Jang. He does however challenge the programme behind the scenes, raising hollow slogans, but his agenda is unclear..
Analysis
Decision
The Claimant
(1) has accepted money from abroad to promote foreign agendas to create unrest in Pakistan;
(2) had tried to ridicule the teachings of Islam; and
(3) had challenged the solidarity of Pakistan, its ideology and its institutions; and
consequently deserved to be punished for the hurt and offence that he had caused to many Muslims.
Chapter 23: 12th June 2014 broadcast
"…he himself utilized money by taking it from India in their name.
Today, I am challenging Mir Shakil-ur-Rahman in front of whole Pakistan to appear in the court. … I shall prove that he betrayed the country and I shall come to the court with proofs, with evidence.
Arif Hameed Bhatti: Well, Sabir I shall want to interrupt you here. Sabir, on this occasion I shall want to say one thing. You did court reporting for a long period. I also know some judges. You made a reference to the Jamaat-e-Islami. Many religious, pious people are there. They understand the difference between the justice and feud; they also understand the difference between the justice and vengeance. We leave it. You tell that the defence minister says two, three/four days earlier that Mir Shakil-ur-Rahman/Geo resorted to anti-state acts. Is there any penalty in the law for anti-state acts? What law is such, had any flaw remained in the constitution of 1973.
Sabir Shakir: Bhatti Sahib I am turning towards the same. Bhatti Sahib I am turning towards the same that in the same petition, Mir Shakil-ur-Rahman, whom the Ministry of Defence is declaring enemy of the country
Sabir Shakir: ... They summon people to Dubai from here; pay huge expenses; sit abroad and work on agenda of foreign countries.
Lawyer Aftab: It is abetment, treason.
Arif Bhatti: Traitor. Do you mean Mir Shakil-ur-Rahman has committed treason?
Lawyer Aftab: He is an accused; it is treason. I am saying on air that the person who will push the interests of this country to a war.
Arif Hameed Bhatti: Well, the defence minister is also saying this. You are also calling traitor so the rest of their…
Lawyer Aftab: Bhatti Sahib listen to me. Shall malign the army of this country. Listen my request Bhatti Sahib, who is a traitor, the one who destroys the country; who is traitor, the one who maligns the armed forces of Pakistan, which is an institution for security of the country; who is a traitor, the one who puts the interests of the country at stake; the same is traitor, the one like Mir Jafar and Mir Sadiq.
Arif Hameed Bhatti: Well, the time of our programme has ended. We are unable to understand anything. You are saying that he committed treason.
Lawyer Aftab: Sir let me prove as to who I am calling a traitor.
Arif Bhatti: ... Are there such courts in Pakistan that will take action against enemies of Pakistan; is there any legal institution that will take action? Will the same happen that every knowledgeable person, every powerful person commits treason against Pakistan and provides material to enemy country against Pakistan and no action is taken against him?"
The Claimant was a traitor who plotted with other countries against Pakistan from outside its borders, who sought to destroy the country and put its interests at risk, and in consequence was an enemy of the state.
The usual presenter has been banned by court order from presenting the programme and he is walking out of TV in protest. Separately, lawyer Aftab expresses the view that the airing of a statement by Aamir Mir on Geo and flashing a picture of Pakistan's ISI director general for eight hours like an accused ought to lead to a prosecution for treason.
Analysis
" Listen my request Bhatti Sahib, who is a traitor, the one who destroys the country; who is traitor, the one who maligns the armed forces of Pakistan, which is an institution for security of the country; who is a traitor, the one who puts the interests of the country at stake; the same is traitor, the one like Mir Jafar and Mir Sadiq."
Decision
The Claimant was a traitor and enemy of the state who had betrayed his country by plotting with other countries to further their agendas against Pakistan, by maligning the armed forces of Pakistan, by putting the interests of Pakistan at stake.
Chapter 24: 8th October 2014 broadcast
"The sixth family has come; in how many courts it is wanted in how many cases and so much so that police have no realization that this person is wanted for blasphemy of the kin of the Prophet; this person is wanted for desecration of the Holy Quran i.e. this person is wanted in desecration of Islamic penalties and you are not laying hand on this person. You too have to respond to Allah. Policemen, Allah will also question you.
Baba Ji, you are in Pakistan. I had offered you a ticket and hotel stay. You are in Pakistan so please come, sit on the chair and please we sort out things. Give up the rounds of courts and we should find together as to what is milk; what is water and what is acid and I tell you how you received funds from the international courts to work against Pakistan and you prove me wrong. I shall prove that I am right but when we come back after a break, the other stories. Take a break.
We have not placed this here for dates; it is placed as a reminder so that we remember as to what is behind the Aman Ki Asha; what is behind DFID; what is behind the funds of the CIA and State Department. All this has been placed to remember because when new Pakistan is going to come into being, there should be no room for enemies of Pakistan in it whichever profession they are associated with, even if they are journalists or anyone of the ancestors of journalists."
The Claimant is:
(1) guilty of blasphemy and desecration of the Qu'ran; and
(2) a treacherous mercenary and enemy of Pakistan.
The Claimant is in Pakistan. The presenter offered him a ticket and a hotel stay. The Claimant is begged to come on the programme to prove the presenter wrong in everything that he has been saying.
Analysis
"The sixth family come in; in how many courts it is wanted in how many cases and so much so that police have no realization that this person is wanted for blasphemy of the kin of the Prophet; this person is wanted for desecration of the Holy Quran i.e. this person is wanted in desecration of Islamic penalties and you are not laying hand on this person. You too have to respond to Allah. Policemen, Allah will also question you."
"I have again symbolically placed here a picture of Baba Ji and have placed a chair. Its reason is that you watch and Baba Ji also watches. Don't think that I am deviating from my story. I am coming to my story but first I have to say another thing. It is very necessary. This is the system of our country that this person, Baba Ji or Mir Shakil-ur-Rahman son of Mir Khalil-ur-Rahman is an accused; many courts have made him a culprit of this country. He is roaming around Pakistan. …[H]e is not being arrested. … He is a culprit of this country…"
Decision
(1) The Claimant is guilty of blasphemy and desecration of the Qu'ran; and
(2) The Claimant should come and explain whether he has received funds from international agencies to work against Pakistan.
Chapter 25: 12th November 2013 (news report)
"News Anchor: Khara Sach host Mubashar Luqman has submitted an application to the Lahore High Court against Mir Shakil-ur-Rahman for threatening to kill him.
Report: The host of Khara Sach programme of ARY, Mubashar Luqman, has submitted an application to the Lahore High Court against Mir Shakil-ur-Rahman wherein the IG Police Punjab, DIG Operations Lahore, SP Lahore Cantt, SHO DHA
Lahore Police Station and Mir Shakil-ur-Rahman have been made respondents. In his application, the host of Khara Sach has stated that he is receiving phone from unknown mobile numbers for pinpointing alleged irregularities of the Geo Group and Mir Shakil-ur-Rahman. The callers are threating to kill Mubashar Luqman and his family. According to the host of Khara Sach, he approached DHA Lahore Police
Station for the registration of a criminal case against Mir Shakil-ur-Rahman but the police did not take any action. Mubashar Luqman has prayed to the court that police be ordered to register an FIR against Mir Shakil-ur-Rahman for harassing
Mubashar Luqman and his family.
Mubashar Luqman: The truth is that first Mir Shakil-ur-Rahman and his company attempted to restrict our freedom of journalism when they requested a gagging order against me and they got it from the Islamabad High Court. Well, the court order is welcome so we shall obey whatever they will say but the world should come to know that there is a dual law and double standard here. Now Mir Shakil-ur-Rahman is threatening to kill me and is acting like a mafia don but no action against him is being taken here; is he not a citizen of this land.
Report: The host of Khara Sach had submitted a written application to the SHO of
DHA Lahore Police Station stating that he is receiving serious threats on mobile phone to kill him which are prima facie and certainly being received from Mir
Shakil-ur-Rahman.
Lawyer: The opposition (rivals) are directly threatening to Mubashar Luqman and his family through phone calls. All sorts of harassment are being used. We submitted an application to the Defence A Police Station on Thursday wherein we requested the police for the registration of an FIR and sought legal protection. No action has so far been taken by police on this application despite passage of fourdays because of we have been compelled to file a writ today and in this writ, besides seeking an order for the registration of an FIR against Mir Shakil-ur-Rahman, we have also requested for the provision of legal protection to my client and his family against the harassment by them, which does not fall in the jurisdiction of the justice of peace and can be provided to us only by the High Court under Article 199. And in this writ, we have requested the same. As an ultimate result of this writ, an order shall be issued for the registration of an FIR against Mir Shakil-ur-Rahman. Secondly, my client and his family will get proper legal protection on the order of the justice of the Honorable Lahore High Court that they be provided security, protection because the opposition (rivals) are a potential, is using all tactics to threaten, harass my client and to press him for refrain from putting the truth before the country and the nation."
The Claimant had threatened to kill Mubashar Luqman and his family.
Mr Luqman is receiving anonymous death threats. His attempts to invoke the civil and criminal laws against the Claimant in respect of them have failed.
Analysis
Decision
The Claimant had threatened to kill Mubashar Luqman and his family.
CONCLUSION