Case Details

Citation(s)
2021 SLG 2711 2021 SLD 2711 2021 MLD 1633
Lahore High Court
Writ Petitions Nos.67129, 46684, 67329 of 2020, 3110 of 2019 and 18311 of 2021, decision dated: 9th June, 2021.
MUHAMMAD QASIM KHAN, CHIEF, JUSTICE
Bilal Riaz Sheikh, Muhammad Azhar Siddique, Safdar Shaheen Pirzada, Muhammad Faizan Maqsood, Muhammad Usman Sheikh, Zubair Janjua, Faisal Nawaz Bhatti, Zahida Ghaffar, Asif Mehmood Khan, Adnan Paracha, Eisa Usman Ghazi and Irfan Akram for Petitioners.

LUQMAN HABIB AND OTHErs

VS

FEDERATION OF PAKISTAN AND OTHErs

Law: Penal Code (XLV of 1860)

Section: 295B,295C,298A,298

Law: Constitution of Pakistan, 1973

Section: 2A,31,19,19A

(a) Penal Code (XLV of 1860)--- ----Ss.295B, 295C 298A---Constitution of Pakistan, Arts. 2A 31---Objectionable contents---Injunctions of Islam---Sanctity of the Companions (Sahabah) and last-hood of the Prophet Muhammad (P.B.U.H)---Publication/circulation on social media (facebook)---Caricatures, text and pictures---Public unrest and outrage amongst Muslim majority---Blockade of certain web pages---High Court directed that Government should establish a cell under Pakistan Telecommunication Authority (PTA) including I.T. Experts and Islamic Scholars as members to keep an eye on websites and social media programs, and to take adequate steps for blockage thereof, and initiating legal proceedings, if found content objectionable, defamatory, violating any provision of law, against the beliefs of the Muslims, and against the integrity of State; that government should, for awareness of the general public, establish: firstly, an official website/portal containing authentic copy of Qur’an with translation, Ahadith books, all laws relating to Khatam-e-Nabuwat, articles written on the subject and decisions of the superior courts on this specific issue; secondly, a window/portal for answering the queries about the injunctions of Islam and Khatam-e-Nabuwat by the known Islamic scholars; and thirdly, a specific portal on the said website detailing all authentic Islamic websites/pages; that It was duty of the Authorities to initiate proceedings at their own motion without requiring complaint under Ss.5(2) and 5(3) of Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules, 2020, and Government to amend relevant laws accordingly; that proceedings on complaints lodged against offence involving Islamic Injunctions/Khatam-e-Nabuwat and Namoos-e-Sahabah, to be made available on the website/portal and updated step by step for controlling the sentiments of general public; that specific chapter be inserted in Textbooks of Urdu and Islamiyat from primary to master levels highlighting the last Prophet-hood of Hazrat Muhammad (p.b.u.h); that such website, after establishment, be advertised on media and also on notice boards of Educational and other…
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