Live streaming of NAB case could be used for ‘political point scoring’: SC | The Express Tribune

The Supreme Court of Pakistan, while justifying its rejection of the Khyber-Pakhtunkhwa (K-P) government’s request for live streaming the proceedings of the National Accountability Bureau (NAB) law amendments case, has stated that such proceedings could be used for “political purposes and point scoring.”

In a written order issued on Saturday, the court noted, “There is a real probability that these hearings may be used for political purposes and point scoring.” The court clarified that any requests for live broadcasting or live streaming fall under its exclusive jurisdiction.

Earlier in the week, the Supreme Court, in a 4-1 majority decision, dismissed the K-P government’s request, disappointing PTI supporters. Chief Justice made it clear that the matter was technical and did not require live streaming. However, Justice Athar Minallah dissented, arguing that it was a matter of public interest and should be live-streamed.

After nearly an hour of deliberation, the court declined the request. Some lawyers expressed disappointment, stating that the decision failed to dispel perceptions that the court was influenced by external elements aiming to prevent Imran Khan’s voice and picture from reaching the public.

The court’s written order stated: “Through this application, it is prayed by the learned Advocate-General of Khyber Pakhtunkhwa that these court proceedings be live-streamed. The only reason given is the ‘non live showing of only the above-mentioned case among others is discrimination.’ However, the reason is factually incorrect because only a very few cases have been live-streamed. There are also instances where cases initially live-streamed were discontinued in the interest of justice.”

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The order further mentioned, “The application does not cite any law in support. The learned Advocate-General must know that Article 25 of the Constitution stipulates that all citizens are equal before the law, but the application does not explain how the K-P government is being denied equality or equal protection of law.”

The court highlighted a previous decision on April 13, 2021, recognising the public’s right to access information in matters of public importance under Article 19-A of the Constitution, with the details to be decided by the Full Court on the administrative side. A pilot project for live telecasting was initiated on September 18, 2023, assessing its effectiveness.

Since September 18, 2023, 40 hearings considered of public interest have been live-streamed. The objective was educational, ensuring openness and transparency, preventing misreporting, and helping lawyers articulate their propositions and conduct in court.

However, the court cautioned, “In live-streaming cases, there is always a possibility of misuse for ulterior or personal purposes. There is also the possibility of grandstanding while the nation watches. This Court must be vigilant against such misuse.”

Regarding Imran Khan’s involvement, the court noted that he did not attend a single hearing of CP No. 21/2022 and that neither he nor the K-P government requested live broadcasting of the hearings. The court also mentioned that Imran Khan addressed unrelated matters during the hearing, which cannot be permitted as it would affect public perception and the administration of justice.

In conclusion, the court stated, “While a request to live broadcast or live-stream may be submitted and objected to, it is clarified that this, as matters presently stand, is in the exclusive domain of this Court.”