24/07/2019
2012 C L C 1300
has been made a role model in their routine life by many nonMuslims. The faith of a Muslim is not
completed until and unless he has stern belief in the dignity of the Prophets of other religions also. The
purpose behind this concept is that all the Prophets were sent by the Allah Almighty towards different nations
at different times for their reformation and the said process came to an end with the arrival of the last Prophet
Muhammad (Peace be upon him). Thus, it is prerequisite for a Muslim to have a firm belief and respect for
all the Prophets/Messengers who preceded the Holy Prophet Muhammad (Peace Be Upon Him). Likewise,
the Muslims also elect same altitude/treatment for their Holy Prophet Muhammad (Peace be upon him) as
well and in case of any derogatory or defamatory remarks, the arousing of their religious sentiments is not
only natural but is also the need of the love and affection which they have towards their great Prophet
Muhammad (Peace be upon him).
10. With heavy hearted I am bewildered to say that in this era of civilization and modernism, the attempts to
hurt the religious feelings of the followers of a typical religion especially the Muslims are not only rampant
but the same has increased manyfold. At the same time the lethargic and sluggish attitude of the government
functionaries by not responding to such material with promptitude raise number of questions about their
commitment towards their duties, efficiency and conduct. According to the Deputy Attorney General for
Pakistan as well as learned counsel appearing on behalf of Pakistan Telecommunication Authority (PTA) an
Inter Ministerial Committee in addition to a Crisis Cell have already been established to have a check and
balance on the websites and in the eventuality of objectionable material qua the Muslims Prophet or their
religious symbols but surprisingly enough both the said authorities were not even moved to take any step
towards the blockage of such blasphemous material against the Holy Prophet Muhammad (Peace be upon
him) until and unless an order was passed by this court. This is not only their official Job but ethically,
morally and religiously they are bound to take immediate steps for elimination of such material prior to it the
same reaches to the publicatlarge. This is not the sole example Wherein an attempt has been made to lower
down the stature and dignity of Holy Prophet Muhammad (Peace be upon him) but in past such recourse was
resoled to by the unscrupulous media as well. Had there been any proper response by the concerned
departments in Pakistan at the relevant time the same might have never been repeated. For instance, during
pendency of these Writ Petitions, Pakistan Embassy took up the matter with the government of United States
of America and as a result thereof not only the Assistant Secretary to State of United State of America
condemned the publication of such offensive material by the management of the website in question but the
owner of the said website clarified his position that the said material had already been whipped off from the
website. This shows that if the government had taken the matted with the concerned at the earliest perhaps
there was no need of filing these petitions before this Court.
11. Now coming to the objection of respondents that no complaint was filed either with the Inter Ministerial
Committee or with the Crisis Cell working in the Services Division ICT Directorate and Enforcement
Division, suffice it to observe that the said authorities should have taken action at their own instead of waiting
for any complaint from against the public as in case of reaching the objectionable material to the publicat
large the very purpose of the formation of the two above said institutions would fall to the ground. The said
slothful and lackluster attitude of respondents cannot be approved of rather the same deserves to be
deprecated for the reason that in such a sensitive matter they kept mum till the time an order was passed by
this court regarding blocking of the website in question.
12. Another important limb of the matter is that when besides Islamic countries like Saudi Arabia, Iran, UAE
etc. China has also imposed complete ban on the said website then why the government is so hesitant in this
regard. Moreover, they can solicit necessary help from the said countries with regard to legislation in that
regard. For the purpose, United Nations can also be moved for passing resolution against such acts and as a
consequence thereof, it would be easy for the government functionaries to take prompt action against the said
acts. Another forum where the said matter can be competently agitated is the Organization of Islamic
Countries (OIC) but the government has not bothered to take matter of such importance before the said forum
which speaks volumes about the negligence on the part of the government in this regard.
13. Insofar as the viability of internet is concerned, suffice it to note that there is no body denying the
importance of the use of internet in different spheres but the same should not be at the cost of religious
disharmony as the said exercise would not only create chaos amongst the members of the society at national
as well as international level but also would disintegrate the efforts being made towards the international
peace and tranquillity.
https://www.pakistanlawsite.com/Login/PrintCaseLaw?caseName=2012L277
4/5