| Citation(s) |
|---|
| 2025 SLG 1048 2025 SLD 1048 = 2025 PLD 311 |
Lahore High Court
Writ Petition No. 34660 of 2020, decided on 26th January, 2024.
Before Shahid Karim, J
Asfandyar Khan Tareen, Arslan Saleem Chaudhry, Arslan Akram, Rana Muhammad Afzal Razzaq Khan, Ghulam Abbas Haral, Muhammad Umer Rafiq, Abdul Latif and Muhammad Adeel Chaudhry for Petitioners. Sh. Izhar ul Haq and Ch. Imtiaz Elahi for FBR. Asad Ali Bajwa, D.A.G. for
Respondents.
Writ Petition No. 34660 of 2020, decided on 26th January, 2024.
Before Shahid Karim, J
Asfandyar Khan Tareen, Arslan Saleem Chaudhry, Arslan Akram, Rana Muhammad Afzal Razzaq Khan, Ghulam Abbas Haral, Muhammad Umer Rafiq, Abdul Latif and Muhammad Adeel Chaudhry for Petitioners. Sh. Izhar ul Haq and Ch. Imtiaz Elahi for FBR. Asad Ali Bajwa, D.A.G. for
Respondents.
KASHIF LAW BOOK HOUSE---Petitioner
VERSUS
FEDERATION OF PAKISTAN and others---Respondents
Law: Constitution of Pakistan, 1973
Section: 9,14,19
Law: Import Policy Order, 2016
Section: 5(A)(ii),
(a) Constitution of Pakistan-------Art. 19---Right to speech and expression---Reading material---Scope---Right guaranteed by Art. 19 of the Constitution is inextricably linked to and dependent upon right to read and receive information, as only then it is possible for right to freedom of speech, to be exercised in a wholesome manner---There must be sovereignty of choice to vest in a reader to sift through different sources of material of literary value which in turn, equips him or her with knowledge so that such right to freedom of speech and expression can be enjoyed---Such right is subject to reasonable restrictions imposed by law, amongst others, in the interest of friendly relations with foreign states and it may include restrictions to be imposed, if relations with a foreign state do not remain so friendly.(b) Constitution of Pakistan-------Art. 14---Dignity of a man---Right to read---Effect---Dignity of a man can attain its full potential by acquiring education and knowledge and which, in turn, entirely depends upon freedom to read books and journals as part of basic facilities that a person born in a free country is entitled to enjoy.(c) Constitution of Pakistan-------Art. 9---Right to life---Intellectual liberty---Reading books and journals---Scope---Reading makes a man perfect and it opens new vistas and liberates minds--Any prohibition on pursuit of intellectual liberty and on the concept of objective truth, threatens in the long run every department of thought---Reading not only enables free thought but in turn empowers free speech which is the cornerstone of liberty as enshrined in the Constitution---This is how a connection is established between reading and life and liberty (Article 9) so that right to read must be deemed comprised in the right to life and liberty as a penumbra of that right.(d) Import Policy Order, 2016-------Para. 5(A)(ii)---Notification SRO 927(I)/2019 dated 09-08-2019---Intellectual liberty---Books and journals---Restriction on import---Petitioner/book selling company was aggrieved of restrictions imposed by authorities on import of…