IN THE SUPREME COURT OF PAKISTAN (ORIGINAL JURISDICTION) CMA No.________/2012 In Constitution Petition No.

105/2012 Hamid Mir and another .Petitioners VERSUS Federation of Pakistan etc .Respondents

APPLICATION ON BEHALF OF MUHAMMAD ARSHAD SHARIF S/O MUHAMMAD SHARIF (LATE), SENIOR-ANCHOR/BUREAU CHIEF, DUNYA TV, HOUSE NO 20, MAIN MARGALLA ROAD, SECTOR F-6/3 UNDER ORDER V RULE 2 (2) READ WITH ORDER XXXIII, RULE 6 OF THE PAKISTAN SUPREME COURT RULES, 1980, FOR HIS IMPLEADMENT AS PARTY IN THE CASE, IN THE INTEREST OF JUSTICE
Respectfully Sheweth:1.

That the applicant is a law abiding citizen of the Islamic Republic of Pakistan and is associated with print and electronic media for more than a decade. That the applicant holds a Masters degree in Media Studies with Distinction from the United Kingdom and a Masters degree in Public Administration from Quaid-i-Azam University Islamabad; is Council Member of National Press Club; and according to Rule 5 of PFUJ Constitution is a full time working journalist who has no other source of income except the salary from the news organizations he has worked with. The applicant is currently working as Senior Anchor and Islamabad

Bureau Chief of Dunya TV and has previously worked with DawnNews TV as Senior Anchor and Islamabad Bureau Chief; International News Agency Reuters, Dawn newspaper, The News, Managing Editor Pulse Weekly and Online International News Network since 1993. The applicant was the overall winner of Agahi Award 2012.

2.

That the applicant is a tax paying citizen of Pakistan and is aggrieved by attempts to malign, defame and damage his credibility through a fake list of 19 journalists which first started circulating on the internet in June 2012 alleging that the petitioner was promoted as Bureau Chief of Dunya TV on the recommendation of Respondent No. 4 and Respondent No 5 and allegedly received Rs85 Lakh in two installments from Respondent No 5. That the applicant pleads the Supreme Court to clear his name from the preposterous allegation that he was allegedly promoted as Bureau Chief of Dunya TV on recommendation of Respondent No 5 as he was already working as Bureau Chief of DawnNews TV in Islamabad before joining Dunya TV, so the question of promotion on someones recommendation does not arise at all. Before joining Dunya TV, the petitioner had offers from leading channels, including offers of appointment as Director News, but could not avail them due to family circumstances and being unable to relocate at that time from Islamabad. Dunya TV was among one of the channels

which had offered him the job in Islamabad and he availed the opportunity in December 2011. In fact it is a matter of record that the applicant was the only journalist who probed and aired programmes about illegalities of Respondent No 4 and Respondent No 5 when no one in the media dared to touch the Respondent No 5 even with a barge pole in 2010.

3.

That the petitioner vehemently denies that he received Rs85 lacs in 2 Installments and money was transferred from UBL Account No: 37100154. The allegations is baseless, defamatory and an attempt to tarnish the petitioners credibility and journalistic credentials as it is alleged that money was transferred from a UBL account but it does not mention to which account the money was transferred to or to any account related to the applicant. That the applicant, having CNIC 3740505113939, is a salaried taxpaying citizen of Pakistan with NTN No 2041042-5 and Respondent No 6 could verify the same. Moreover, Pakistan Federal Union of Journalists (PFUJ) has probed the matter and the findings of the probe be made available to the Honourable Supreme Court about the fake list of 19 journalists.

4.

5.

That the applicant had publically declared that he would approach the Honorable Supreme Court to protect his

Fundamental Rights as enshrined in Article 14 and Article 19 of the Constitution after attempts were allegedly made to usurp the same by including his name in a fake list of alleged beneficiaries of Respondent No 4 and Respondent No 5.

6.

That since June 2012 a conspiracy to malign the independent judiciary and free media was put in motion through unsubstantiated allegations and the inclusion of applicants name in a fake list as alleged beneficiary of Respondent No 4 and Respondent No 5 is part of the same campaign.

7.

That power of money and its use by different power players to influence the content of news and current affairs programming cannot be ignored which runs contrary to a citizens fundamental right to get accurate and unbiased news without censorship. Respondent No 4 and Respondent No 5 have been using the power of advertisements in an attempt to influence the media, to avoid negative stories and paid millions of rupees to different TV channels in a specific time frame.

8.

That media, which has a fundamental duty of upholding public trust, has become a profit centre and has benefitted to the tunes of billions in the shape of tax evasions, loan write offs, government land allocations and lucrative appointments since independence. The Corporate media has benefitted from tax

payers money contrary to principles of equality by using the power and influence of media houses. The details of different media houses benefitting from government largesse, occupation of government land, tax evasion be made available to the Honourable Supreme Court by Respondent No 1.

9.

That media houses are expanding on the basis of profits but the media workers are denied increments, have no job security and journalists are still deprived of wage awards despite Court directives.

GROUNDS In view of the above submissions, the applicant submits the application for impleading him as a co-petitioner in the above noted petition on the following amongst other grounds:

a)

That the applicant has same interest in the petition.

b)

That the applicants presence before this Honorable Court is necessary to enable it to effectively and completely adjudicate upon and settle all questions involved in the petition, so he is a proper party, if not necessary.

c)

One of the objects to implead such person as the applicant is to prevent needless multiplicity of petitions.

d)

That it would protect the interests of the applicant.

e)

Impleadment would allow this Honorable Court a full and final adjudication of the controversy.

f)

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

It is, therefore, respectfully prayed that the applicant may kindly be impleaded as party in the case, in the interest of justice.

Applicant-in-Person

Muhammad Arshad Sharif, Senior-Anchor/Bureau Chief, Dunya TV, House No 20, Main Margalla Road, Sector F-6/3, Islamabad Mobile: 03018565455/03444448020 Dated: 02-08-2012

IN THE SUPREME COURT OF PAKISTAN (ORIGINAL JURISDICTION) CMA No.________/2012 In Constitution Petition No. 105/2012 Hamid Mir and another .Petitioners VERSUS Federation of Pakistan etc .Respondents

Applicant-in-Person Muhammad Arshad Sharif, Senior-Anchor/Bureau Chief, Dunya TV, House No 20, Main Margalla Road, Sector F-6/3, Islamabad Mobile: 03018565455/03444448020

AFFIDAVIT OF FACTS

I the above named deponent do hereby solemnly affirm and declare as under:1.

That the facts as contained in accompanying CMA for

impleadment as party in the case, are true and correct to the best of my knowledge and belief and that noting material has been kept concealed.
2.

That the said facts have been obtained from the perusal of the

record.

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

DEPONENT

IN THE SUPREME COURT OF PAKISTAN (ORIGINAL JURISDICTION) CMA No.________/2012 In Constitution Petition No. 105/2012 Hamid Mir and another .Petitioners VERSUS Federation of Pakistan etc .Respondents

AFFIDAVIT OF SERVICE
Applicant-in-Person Muhammad Arshad Sharif, Senior-Anchor/Bureau Chief, Dunya TV, House No 20, Main Margalla Road, Sector F-6/3, Islamabad Mobile: 03018565455/03444448020

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

That I did serve the parties of my having filed CMA for impleadment as party in the case, in the above noted petition, in the Supreme Court of Pakistan at Islamabad.

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

DEPONENT

IN THE SUPREME COURT OF PAKISTAN (ORIGINAL JURISDICTION) CMA No.________/2012 In Constitution Petition No. 105/2012 Hamid Mir and another .Petitioners VERSUS Federation of Pakistan etc .Respondents

NOTICE
To, M. S. Khattak Advocate-on-Record Supreme Court of Pakistan Islamabad Please take notice that I have today CMA for impleadment as party in the case, in the above titled petition, in the Supreme Court of Pakistan at Islamabad. Applicant-in-Person

Applicant-in-Person

Muhammad Arshad Sharif, Senior-Anchor/Bureau Chief, Dunya TV, House No 20, Main Margalla Road, Sector F-6/3, Islamabad Mobile: 03018565455/03444448020 Dated: 02-08-2012

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

IN THE SUPREME COURT OF PAKISTAN (ORIGINAL JURISDICTION) CMA No.________/2012 In Constitution Petition No. 105/2012 Hamid Mir and another .Petitioners VERSUS Federation of Pakistan etc .Respondents
Counsel for the Petitioner: Counsel for the Respondent: Counsel for the Applicant: Applicant-in-Person Petitioner-in-Person With M. S. Khattak, AOR

INDEX
Sr. Page Description Date No. No. 1 CMA for Impleadment as Party in the case 02-08-2012 1-6 2 Affidavits of Applicant 02-08-2012 7-8 Certified that the paper book as bound is complete and correct

Applicant-in-Person

Muhammad Arshad Sharif, Senior-Anchor/Bureau Chief, Dunya TV, House No 20, Main Margalla Road, Sector F-6/3, Islamabad Mobile: 03018565455/03444448020 Dated: 02-08-2012