Dear friends,
The Asian Human Rights Commission (AHRC) is concerned about the ongoing victimization and media trial of Pakistan’s emerging media house, the Bol Media Group. The media network and its parent company Axact, the largest exporter of software solutions and the biggest IT Company in Pakistan, have been forcibly closed by the Federal Investigation Agency (FIA) due to fabricated and malicious charges, depriving 8000 employees of their livelihood. Fourteen members of Axact’s top management have been languishing in jail, denied bail on false pretexts. Moreover, to date, the case has not been heard in court, on various pretexts, making life a constant misery for Axact’s staff and management.
CASE NARRATIVE:
On 18 May 2015, within 12 hours of the publication of an article in New York Times magazine regarding the fake degree scam allegedly perpetuated by Axact, the FIA raided the company’s offices in Islamabad and Karachi, and later sealed them without any warrant or court order. The FIA also detained dozens of Axact employees, subjecting them to harassment and torture, and pressuring them to make false statements against their management.
On May 27, Axact’s bank accounts were frozen and its Chief Executive officer Mr. Shoaib Ahmed Sheikh and Chief Operating Officer Viqas Attiq were arrested without formal charges. Seven months later, both men are still in jail and the FIA continues to occupy Axact offices in Karachi & Islamabad. All of Axact’s records, computers, servers, printers, valuables and even staff belongings are currently under FIA’s possession, in violation of court orders. Hundreds of computers and other equipment were shifted from Axact to unknown places without any Seizure Memo.
Not only have FIA officials thus conducted illegal actions, but they are also allegedly involved in loot and plunder; Axact officials reportedly have credible information that their expensive technical equipment is being sold in the market. Axact vehicles have also been confiscated by the FIA without any justification. When the impoundment was challenged in court, the official under oath stated that no such confiscation was made. This false statement amounts to contempt of court, but no action was taken against the official.
As per law, the FIA has to produce a Challan (the case from prosecution) within 14 days of lodging the FIR. However, an interim Challan was submitted on June 13, 17 days after the FIR was registered. The interim and incomplete challan was deemed sufficient by the magistrate to proceed with the trial. On June 27, the FIA submitted a supplementary challan, but failed to produce any evidence to justify the contents of the FIR and Challan.
Despite the FIA being unable to provide evidence against Axact officials, bail was denied with the judge stating that bail can’t be granted as it is a high profile case. Even though bail can be granted to a murderer under Pakistani law, government pressure is denying bail to persons accused of white collar crime.
FIA officials threatened to charge several employees if they refused to testify against Mr. Shoaib Ahmed Sheikh. The FIA also pressurized the accused in custody to become approvers. One of the accused, Zeeshan Anwer, was threatened of dire consequences if he refused to become an approver. Zeeshan along with another accused were removed from Central jail while they were on judicial remand, without court permission, to coerce them to become approvers against Axact. The incident speaks volumes about the rule of law in Pakistan, and how law enforcement agencies are allowed to take the law into their hands without fear of any disciplinary or judicial action.
A notification from the Sindh government’s Home Department authorized the FIA counter-terrorism wing barrack No. 48 as sub jail for the accused. The crimes they are being held for do not fall under the ambit of terrorism by any stretch of the imagination or law, and yet the two Axact employees are being treated as terrorists, and preparations are being made to hold their trial in camera, in jail.
The Pakistan Electronic Media Regulatory Authority (PEMRA) suspended licenses of Bol News and Bol Entertainment illegally and in violation of High Court orders, which bar the regulator from any such move. Axact and Bol group are being victimized to curb freedom of expression and press in Pakistan. The state punishes any and every person who wants to expose the truth and appraise the public of state corruption. As key vehicles of communication and expression, the ability of the media to function independently is vital to freedom of expression, but also to the ability of a society to function and survive.
ADDITIONAL INFORMATION:
Article 19 of the Constitution of Pakistan guarantees freedom of expression: Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press…..
Article 19(A) further states: “Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law”.
According to article 19 of the ICCPR, “Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”
It is thus incumbent upon the state to allow media houses freedom without coercion and undue pressure. The Bol Media Group is being made to suffer media trial and public shaming for no fault of its own. The Pakistan Electronic Media Regulatory Authority (PEMRA) should also take action against channels that are maligning the name of Bol without any justification or proof.
It must also be noted that the Bol Media Group set up Pakistan’s most modern and biggest media infrastructure. It takes pride in providing market remunerations to its employees, which is against the prevalent trend of the industry in which salaries of the majority of workers have not been revised for the past four to five years. The Bol Media Group also provided medical cover and life insurance facilities to all its employees, their families including parents, which is rare in Pakistan’s media industry. It also provided clean, hygienic and state-of-the-art working conditions for its media workers. This is also uncommon in Pakistan’s media industry where the majority of media workers are not just paid low salaries, but also work in a pathetic environment where even clean toilet facilities and drinking water are unavailable. All these facilities and decent life-style have been provided to Axact employees since the late 1990s.
SUGGESTED ACTION:
Please write letters to the following authorities calling upon them to restore the Bol TV Media Group and Axact group, the parent organization of TV channel.
Please also urge them to allow Bol TV to launch news and entertainment channels and remove all superficial hurdles created by the PEMRA and other government authorities, so that the 2200 Bol group employees can earn their livelihood. Furthermore, all the Axact staff kept in illegal detention should be released immediately and an independent inquiry must be initiated against the responsible FIA officials. All those found guilty of illegal actions and misuse of power must be promptly prosecuted and punished.
The AHRC will write separately to the UN Special Rapporteurs on the Question of Freedom of expression and Working Group on Arbitrary detention, calling for their intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
PAKISTAN: Illegal government actions render 8000 media house employees jobless
Name of victims:
1. Axact IT Company, Karachi, Sindh province
2. Bol television channel, Karachi, Sindh province
Names of alleged perpetrators:
1. Federal Investigation Authority (FIA), Islamabad
2. Pakistan Electronic media regulatory Authority (PEMRA), Islamabad
Date of incident: 18 May 2015
Place of incident: Karachi and Islamabad offices of Axact
I am writing to voice my deep concern about the ongoing victimization and media trial of Pakistan’s emerging media house, the Bol Media Group. The media network and its parent company Axact, the largest exporter of software solutions and the biggest IT Company in Pakistan, have been forcibly closed by the Federal Investigation Agency (FIA) upon fabricated and malicious charges, depriving 8000 employees of their livelihood. Some 2200 media workers, including hundreds of journalists from the Bol Television Channel, and more than 5000 employees of Axact have been made jobless since May 2015.
I have learnt that for the past seven months the top management of Axact is being harassed by the FIA for alleged crimes that the FIA has no proof of. Fourteen members of the top management have been languishing in jail and are being denied bail on false pretexts. Moreover, they are being kept in jail as “C” prisoners, a category reserved for habitual criminals and terrorists.
I am outraged that the session judge denied bail to the accused on the grounds that it is a high profile case, a classic case of judicial absurdity. The bail application has been pending in the high court for months; to date the case has not been heard on one pretext or the other.
On 18 May 2015, within 12 hours of the publication of an article in New York Times magazine regarding the fake degree scam allegedly perpetuated by Axact, the FIA raided the company’s offices in Islamabad and Karachi, and later sealed them without any warrant or court order. The FIA also detained dozens of Axact employees, subjecting them to harassment and torture, and pressuring them to make false statements against their management.
On May 27, Axact’s bank accounts were frozen and its Chief Executive officer Mr. Shoaib Ahmed Sheikh and Chief Operating Officer Viqas Attiq were arrested without formal charges. Seven months later, both men are still in jail and the FIA continues to occupy Axact offices in Karachi & Islamabad. All of Axact’s records, computers, servers, printers, valuables and even staff belongings are currently under FIA’s possession, in violation of court orders. Hundreds of computers and other equipment were shifted from Axact to unknown places without any Seizure Memo.
Not only have FIA officials thus conducted illegal actions, but they are also allegedly involved in loot and plunder; Axact officials reportedly have credible information that their expensive technical equipment is being sold in the market. Axact vehicles have also been confiscated by the FIA without any justification. When the impoundment was challenged in court, the official under oath stated that no such confiscation was made. This false statement amounts to contempt of court, but no action was taken against the official.
As per law, the FIA has to produce a Challan (the case from prosecution) within 14 days of lodging the FIR. However, an interim Challan was submitted on June 13, 17 days after the FIR was registered. The interim and incomplete challan was deemed sufficient by the magistrate to proceed with the trial. On June 27, the FIA submitted a supplementary challan, but failed to produce any evidence to justify the contents of the FIR and Challan.
Despite the FIA being unable to provide evidence against Axact officials, bail was denied with the judge stating that bail can’t be granted as it is a high profile case. Even though bail can be granted to a murderer under Pakistani law, government pressure is denying bail to persons accused of white collar crime.
FIA officials threatened to charge several employees if they refused to testify against Mr. Shoaib Ahmed Sheikh. The FIA also pressurized the accused in custody to become approvers. One of the accused, Zeeshan Anwer, was threatened of dire consequences if he refused to become an approver. Zeeshan along with another accused were removed from Central jail while they were on judicial remand, without court permission, to coerce them to become approvers against Axact. The incident speaks volumes about the rule of law in Pakistan, and how law enforcement agencies are allowed to take the law into their hands without fear of any disciplinary or judicial action.
A notification from the Sindh government’s Home Department authorized the FIA counter-terrorism wing barrack No. 48 as sub jail for the accused. The crimes they are being held for do not fall under the ambit of terrorism by any stretch of the imagination or law, and yet the two Axact employees are being treated as terrorists, and preparations are being made to hold their trial in camera, in jail.
The Pakistan Electronic Media Regulatory Authority (PEMRA) suspended licenses of Bol News and Bol Entertainment illegally and in violation of High Court orders, which bar the regulator from any such move. Axact and Bol group are being victimized to curb freedom of expression and press in Pakistan. The state punishes any and every person who wants to expose the truth and appraise the public of state corruption. As key vehicles of communication and expression, the ability of the media to function independently is vital to freedom of expression, but also to the ability of a society to function and survive.
Therefore, I urge you to take steps to ensure the immediate release of all Axact staff kept in illegal detention, and initiate an independent inquiry against the responsible FIA officials. All those found guilty of illegal actions and misuse of power must be promptly prosecuted and punished.
Please also ensure that Bol TV can relaunch its news and entertainment channels and remove all superficial hurdles created by the PEMRA and other government authorities, so that the 2200 Bol group employees can earn their livelihood. The management of Bol TV and Axact must also be allowed to operate their bank accounts, so that they are able to pay salaries and dues of their staff, clear liabilities and operate their business.
Furthermore, the Axact and Bol group should be compensated by the state, PEMRA and FIA for all the valuables and business lost.
Yours sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Mamnoon Hussain
President of Pakistan
President’s Secretariat
Islamabad
PAKISTAN
Fax: +92 51 9207458
Email: publicmail@president.gov.pk
2. Mr. Mian Nawaz Sharif
Prime Minister
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111
E-mail: secretary@cabinet.gov.pk, pspm@pmsectt.gov.pk
3. Mr. Syed Qaim Ali Shah
Chief Minister of Sindh
The Government of Sindh Province
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
Email: pressecy@cmsindh.gov.pk
4. Mr. Chaudhry Nisar Ali Khan
Federal Minister
Ministry of Interior of Pakistan
R Block, Pak Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9212026
Fax: +92 51 9202624
Email: interior.complaintcell@gmail.com
ministry.interior@gmail.com
5. Mr. Tahir Shahbaz
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: +92 51 9213452
Email: mail@supremecourt.gov.pk
6. Chief Justice of Sindh High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220
E-mail: info@sindhhighcourt.gov.pk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
