ISLAMABAD: Chief Justice of Pakistan Justice Abdul Hameed Dogar has said in his recent judgment that “yellow journalism” had touched new heights during the November 3, 2007 state of emergency.

Justice Dogar authored the 10,000 words plus detailed judgment of the 13-member bench on a review petition challenging the state of emergency. The judgment was released on Friday.

Its paragraph 64 reads: "As to the alleged restrictions on the media, or the alleged detention of certain lawyers-cum-political workers, suffice it to observe that the matter involved individual grievances of the concerned TV channels and the alleged detenues, which could not be properly adjudicated upon in these proceedings. The owners of those TV channels, as also the alleged detenues, were at liberty to seek remedy at appropriate forums in accordance with the law. However, all through the emergency, there were no restrictions on the print media and the viewpoint of the citizens got full coverage. The critics of the actions of 3rd November 2007 move even got extra coverage, rather undue projection. During this period yellow journalism touched new heights and attempts to malign the institutions of the state were made, which was an unhealthy sign in this noble profession. It should be hoped that some thought would be given to this aspect of the matter at the appropriate level and efforts would be made to draw a line somewhere."

The apex court judgment says that the ordinances passed during the emergency period would not become non-existent like the other ordinances, which expire after a mandatory 120 days unless reissued or enacted.

The court judgment said: "In our view, the ordinances promulgated and legislative measures taken by the president, or as the case may be, by the governor, which were in force at the time of, or during the period for which the Proclamation of Emergency of 3rd November, 2007 held the field, would continue to be in force by virtue of the Provisional Constitution Order, 2007, read with Article 270AAA(3) of the Constitution, until altered, repealed or amended by the appropriate legislature. There would be no question of expiry of these ordinances in terms of Article 89(2), or as the case may be, under Article 128(2) of the Constitution."

It should be noted that the constitutional package unfolded by the Pakistan People's Party (PPP) a few weeks back also gives cover and validity to these ordinances and declares them non-lapsable.