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P L D 2011 Lahore 377
2. Precisely the germane events formulating the background of this writ petition are that being a
regulatory authority Pakistan Telecommunication Authority (PTA) is controlling and issuing licenses to
all the Internet services providers. The most popular and powerful search engines for internet are Google,
Yahoo, MSN, Face Book and UTube, etc which are being operated from outside the territorial
jurisdiction of Pakistan. The said search engines are following different websites all over the world
including Pakistan. Apart from the above said websites, there are certain others which are scattering
sexual videos, photos, chatting and unlimited downloading of videos facilities etc. in Pakistan due to
which our country is figuring amongst to the frequent users of such immoral sites. With heavy heart and
with the, purpose for the reformation of the Society the petitioner has filed this petition.
3. The learned counsel for the petitioner contends that the said sites are affecting the social norms of
our society which are based on the glorious injunctions of Islam; that due to immoral and unhealthy
effects, many other Muslim countries like Saudi Arabia, Iran, Egypt, Morocco, Turkey, Indonesia, etc.
have permanently banned such websites in their countries, therefore, our Government should put an end
to the activities of such websites; that due to said obnoxious websites not only the society in large is
being affected but the persons who hale from a noble professions of teaching medical etc. are also being
allured by the fascination of such websites which is' ultimately affecting their professional skill; that ours
countries badly ridden by foreign debts but these websites are minting money from otherwise poverty
thwarted people of the country; that the use of websites in question is causing moral decay amongst the
masses of the country; that the institutions responsible for taking action against such like websites/URLs
have shut their eyes and they are busy to plunder money from the operators of the said websites instead
of blocking the same; that the material being presented on such loathsome websites runs contrary to the
injunctions of Islam as well as the commands in the Holy Quran inasmuch as vulgarity, adultery, illegal
fornication and other such like acts have been strictly prohibited in the Holy Quran and exemplary
punishment has been cattered for the violators of the said commandments; that said websites are not only
affecting the thinking of our young generation but also is destroying the threadbare of our social norms
viz. the boys of adolescent age go wayward due to the allurement of the said websites and ultimately
instead of becoming viable members of the society they preferred to spoil their lives; that according to
the Article 2 of the Constitution of Islamic Republic of Pakistan, 1973, Islam has been declared as the
State Religion of Pakistan and any act contrary to the injunctions of Islam are to be curbed with irons
hands; that very purpose for the creation of separate homeland for the Muslims of the Subcontinent was
to provide them an atmosphere wherein they could lead their lives according to the injunctions of Islam
and to practically implement the said vision, Article 31(1) of the Constitution casts duty on the
Government to provide such an atmosphere to the citizens of the countries so that they may spend their
lives according to the commandments contained in the Holy Qur'an and practically adopted by the Holy
Prophet Muhammad (peace be upon him)�� that not only the Muslim Countries but our neighbouring
country China has adopted a via media for blockage of such abominable sites and that if the said sites are
not permanently banned, our society is bound to total catastrophe.
4. The learned Deputy AttorneyGeneral forPakistan submits that to have a check and balance on the
immoral activities on the Internet an Inter Ministerial Committee, consisting of representatives of
different Ministries has been functioning since the year 2006 and in the event of any complaint a prompt
action is taken. Thus, the petitioner instead of voicing his grievance before the said Committee directly
approached this Court by filing this petition, which in presence of alternative remedy is not maintainable.
Further the Government is taking all possible measures to avoid such like material to be viewed in
Pakistan. Despite all out efforts it is not possible for the Government to hundred per cent scan such
material from the Internet as more than hundreds sites are not only available on the Internet but some
cellular companies are also facilitating such a material to be presented on their specific servers.
Moreover in this era, there is nobody denying the viability of the use of Internet by the people almost
from all walks of life, therefore, it is not benefited to permanently block the Internet services in Pakistan
rather it is the need of the hour to impart awareness amongst the public regarding the use and misuse of
Internet.
5. The learned counsel appearing on behalf of Pakistan Telecommunication Authority, in furtherance
of the arguments advanced by the learned Deputy AttorneyGeneral for Pakistan states that a Crises Cell
has already been established in the Services Division ICT Directorate and Enforcement Division and the
same is working round the clock to unearth the objectionable material on different websites and then to
block the same. For instance by quoting an action by the said Cell wherein hundreds of sites were block
which are involved in publishing the objectionable material qua the personality of Holy Prophet
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