Case Details

Citation(s)
2018 SLG 1727 2018 SLD 1727 2018 PCRLJ 1133

Writ Petition No. 2553 of 2017, decided on 07-04-2017.
MUHAMMAD QASIM KHAN, JUSTICE, MADAM AMEENA SOHAIL, MEMBER LEGAL MIOT.
Zulfiqar Ali Sidhu, Sher Zaman Qureshi, Waseem Mumtaz, Hafiz Allah Ditta Kashif, Ch. Salamat Ali Wains, Syed Athar Hassan Bokhari and Rana Miraj Khalid for Petitioner. Najaf Ali Malik, Assistant Attorney General with Nisar Ahmad Director General IP&WA PTA, Khuram Siddiqui, Director Law PTA, Muhammad Naeem Ashraf, AHC (Consultant Law PTA) and Faheem Gul, Assistant Director Law for Federation.

MUHAMMAD AYOUB

VS

FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF INTERIOR, ISLAMABAD AND 6 OTHERS

Law:

Section:

(a) Constitution of Pakistan--- ----Art. 5---Commission of crime---State responsibility---Scope---When an act is declared to be an offence, it is responsibility of the State to adopt all legal measures firstly to prevent such crime and secondly if offence has been committed then bring the culprits to book, put them before the Court for ultimate decision---Provisions of Art. 5 of the Constitution deals with loyalty to State and obedience to the Constitution and law---Constitutional duty of State functionaries to perform their duties to curb crimes as defined in statutes of the country. (b) Constitution of Pakistan--- ----Arts. 19 & 19-A---Penal Code (XLV of 1860), S. 295-C---Freedom of speech---Extent---Religious feelings, hurting of---Grievance of petitioner was that some accounts on social media Facebook were uploading inflammatory and blasphemous material, which accounts required to be proceeded against---Validity---Rights of every community were delicately balanced and freedom of speech/expression and information was also hallmark of the Constitution---Term 'right of expression' could not be stretched to such an extent that it could be used as a tool to defy religious thoughts or sacred personalities of one's religion---Right of expression could be allowed to thwart feelings of any religion on earth, because as a matter fact distortion of any religion on the pretext of right of speech /expression or information amounted to another form of terrorism and such was a fact that international community must concede---If authorities could not succeed to remove blasphemous content, as required by the Constitution and other laws applicable in the country, all such accounts or even the information system involved in pointed nefarious activities would be blocked at once as undertaken by Director General Pakistan Telecommunication Authority---High Court directed that a Bill should be tabled before the Parliament for deliberations and decision about amendment in S. 37 of Prosecution of Electronic Crimes Act, 2016 ("PECA") to authorize PTA to block information system in case service providers failed to remove blasphemous content; that procedure for right of appeal,…
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