24/07/2019
2012 C L C 1300
Ch. Zulfiqar Ali for Petitioner (in Writ Petition No.10392 of 2010).
Muhammad Azhar Siddique, Advocate/Petitioner (in Writ Petitions Nos.11559 and 16615 of 2010) in Person.
Naveed Inayat Malik, Deputy AttorneyGeneral for Pakistan with Fawad Ahmad Khan Niazi, Senior Project
Manager (Business) Ministry of Information and Technology.
Waqas Qadeer Dar, Assistant AdvocateGeneral with Pervaiz Hussain Butt, D.S.P.
Asim Akram for PTA (in Writ Petitions Nos.10392 and 11559 of 2010).
Saith Abdur Rehman for PTA (in Writ Petition No.16615 of 2010).
ORDER
IJAZ AHMED CHAUDHRY, C.J. By virtue of this single order I intend to deal with this petition as well
as Writ Petitions Nos.11559 and 16615 of 2010, having commonality of law and facts viz. in all these
petitions a matter of public importance qua publication of objectionable material in respect of the personality
of Holy Prophet Muhammad (P.B.U.H.) on the website known as "Facebook" has been challenged and in pith
and substance prayer has been made for imposition of permanent ban on the said website.
2. Briefly put, the factual canvass on the basis of which the present petitions have been filed is that a
proscribed website known as "Facebook" on the pretext of protest against efforts to limit freedom of speech,
in fact with a view to lower down the stature, dignity, honour and respect being enjoyed by Holy Prophet
Muhammad (P.B.U.H.) not only amongst His followers but amongst the nonfollowers as well, launched a
competition titled as "Everybody Draw Muhammad Day". According to the said unholy, unscrupulous and
socalled competition, on 20th May 2010, the users of said loathsome website were invited to draw
drawing/cartoon/shapes representing the Holy Prophet Muhammad (P.B.U.H.). In addition thereto,
caricatures/ cartoons depicting the personality of Holy Prophet Muhammad (P.B.U.H.) were posted on the
internet on 20th April, 2010. The said move on the website in question sent a wave of resentment amongst
the Muslims of the world in general and that of Pakistan in particular. As a result people from different walks
of life protested against the said act at different levels. Being Muslims by faith and having anguish pain in
their heart due to said grisly act of the management of the said despicable website, the petitioners have filed
these petitions seeking permanent ban on the said website.
3. Pursuant to order dated 952010 passed on Writ Petition No.10392 of 2010 the Embassy of Pakistan in
USA took up the matter with the US Stale department and as a consequence thereof Mr. Richard Harlbroke,
the then Special Representative of President Obama for Pakistan and Afghanistan met with the ambassador
and conveyed the concern of the US government on publication of such offensive material. Further, the
Pakistan Telecommunication Authority (PTA) blocked the website in question in addition to its affiliated
proxies.
4. Learned counsel for the petitioner in Writ Petition No.10392 of 2010 contends that the publication of
objectionable material regarding the Holy Prophet Muhammad (Peace be upon him) is not only immoral but
the same is against the canons of international justice too; that nobody can be allowed to defame any religious
personality or leader of a particular nation on the pretext of socalled freedom of speech: that in this era when
the world is facing war on account of religious fanaticism such attempt would serve the purpose of ignition
for unleashing of ethnic clashes; that by publishing such objectionable material and launching wholly
detestable competition is aimed at to arouse the emotions of the Muslims of the world and in retaliation there
is every possibility of extreme action by the Muslims towards the nonMuslims living in their countries as
well abroad: that due to immoral and unethical activities the said website has not only been banned in Muslim
countries like Saudi Arabia, Iran, UAE etc. but China has also imposed permanent ban on the website in
question; that being an democratic Islamic country it is the responsibility of the government functionaries to
have a proper check and balance on the material being published by the operators on different websites and in
case of any objectionable material qua the religious faith of the Muslims stern action should be taken but in
the case in hand the government functionaries have not even been moved by the material published on the
said website and that in case the like material is allowed to be viewed in the country, there is strong
possibility of ethnic unrest which may result into blood shed etc.
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