LHC dismisses Sophia Mirza’s petition to ban her husband from appearing on media

LAHORE – A Lahore High Court judge has dismissed Sophia Mirza’s petition to ban her former husband Umar Farooq Zahoor from appearing on Pakistani media – warning the actress and her lawyer that they must follow the rules and stop abusing the legal process in personal fights.

At the same hearing, the Assistant Attorney General of Pakistan informed the court that Sophia Mirza and her counsel were lying that Umar Farooq Zahoor, Mirza’s former husband, was a fugitive of law and therefore should be banned from media. The government representative told the court Umar Farooq Zahoor was a free citizen and not wanted by the govt of Pakistan in any case.

The decision of the court came during the third and last hearing of the Khushbakht Mirza’s Petition before the Lahore High Court judge Justice Shahid Jamil Khan. On previous two hearings, the actress and her lawyer had sought more time after failing to satisfy the court on the grounds for ban through PEMRA, without justifying why Liberia’s Ambassador-at-Large should be banned from media to present his views.

At the third hearing, Justice Shahid Jamil Khan read out the order passed on the previous hearing and asked the Counsel of Khush Bakht Mirza that has he placed documents on record as was directed on the last date of hearing to which he answered in affirmative.

Then, Justice Shahid Jamil turned to Assistant Attorney General (AAG) and asked him that has he sought instructions from PEMRA to which he answered in affirmative. He further told that the application placed on record does not bear signatures of the applicant Khushbakht Mirza nor it has any stamp showing that it has been received by PEMRA. He further apprised the court that according to PEMRA, there is no such application available in their record.

Justice Shahid Jamil Khan was told by a PEMRA representative, who was present on the court’s call, that PEMRA does not have the said application in their record.

Justice Shahid Jamil said “then let me direct the Petitioner to approach you within two days time with the application.” The Deputy Director Legal PEMRA, while answering the court’s query, submitted that the PEMRA will decide the application of Khusbakht Mirza in one week time if she approached PEMRA with her complaint.

Then, Justice Shahid Jamil addressed the Counsel of Khushbakht Mirza and asked him that is he fine with it. To which, he replied that they filed the Application in the 7th month; however, the PEMRA has not addressed the issue. Judge said leave the previous application as it is not available in the record of PEMRA and file the same application afresh with same annexes and PEMRA will decide the matter according to law at the earliest.

The counsel of Khushbakht Mirza further tried to say something upon which the judge said, “if you are not happy with this suggestion then he may dismiss the petition.”

Khushbakht Mirza’s counsel said: “I am ready to approach PEMRA but meanwhile direct PEMRA to stop airing version of Umar Farooq to which the judge replied go to PEMRA along with application and tell them under what law they should stop the channels from airing interviews of a fugitive of law.”

At this stage, Assitant Attorney General assisted the Court that the Counsel of petitioner is misleading the court about the status of Umar Farooq Zahoor as the warrants against him have already been withdrawn and he is not fugitive from any court of law.

The Counsel of Khusbakht Mirza said he wanted to make a submission upon which the judge replied that “I think you are not understanding that in which direction the Court is heading. The Court is rather giving you a way to get your application addressed by PEMRA otherwise your Petition should have been dismissed on first date of hearing being devoid of merits.”

Justice Shahid Jamil proceeded with passing the order that the petitioner, Khushbakht Mirza, shall approach the PEMRA with her application within two days time and the PEMRA shall decide the same strictly in accordance with law.

When the counsel again asked the judge to ask PEMRA not to air news of Umar Farooq Zahoor, the judge told the Counsel that he is proving to be an embarrassment for the legal community of Lahore by behaving in an untowardly manner. The judge said: “Don’t you know how things work in Court. And if you are expecting that this Court will pass any such order that you will get a chance to highlight things in media and newspaper and you will get new stuff to share on media for sake of publicity then it is not going to happen. The Court will proceed in strict accordance with law. You have been wasting Court’s time for the last two dates of hearing. Your petition deserved to be dismissed with costs.” 

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