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uninterrupted right of freedom of speech and information, therefore, no action can be taken against any such
material, as is part of this writ petition. But, they are totally ignorant of the fact that Article 19 of the
Constitution of Islamic Republic of Pakistan, 1973 in clear terms provides that said liberty should be subject
to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or
defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or
morality, or in relation to contempt of Court or incitement to an offence. Same is the position with Article 19
A of the Constitution, which was inserted through 18th amendment and it provides a right of information to
any citizen, but this is again subject to regulations and reasonable restrictions imposed by law. Therefore, any
effort by the individuals or any smaller groups to twist these Articles and interpret the same at their whims
could not be permitted as these liberties are not absolute, rather are subject to certain restrictions of law and
the regulations.
11. The court is cognizant that freedom of expression, universally acknowledged as both fundamental and
foundational human right, is not only a corner stone of democracy but also indispensable to thriving civil
society. Indeed, the freedom of expression is considered to be a foundational human right of the greatest
importance. The right to freedom of expression is protected by a multitude of regional and international
treaties and charters and frameworks, but internationally it is applied with some restrictions as no country
could allow the rebellions by delivering speeches against the state, promoting hatred and seeds of terrorism in
the country. If such situation is allowed to persist, certain disgruntled elements will start to recruit citizens as
a force to wage a war against the State as is the case in Syria, Afghanistan, Iraq, etc. Hence, the restrictions
imposed by the Constitution of Islamic Republic of Pakistan, 1973 could not be bypassed. In short freedom
of speech and information and restrictions imposed thereagainst, could be explained in one sentence "liberty
of one ends where the nose of other starts".
12. One must not forget that the right of "freedom of speech or freedom of expression" which is now being
portrayed as innovation of recent times had in fact been introduced by Holy Prophet 1400 years ago. Yet it is
important to remember that freedom of expression, speech, tolerance and respect go hand in hand. As it is a
general consensus that mocking, degrading or insulting others, in the name of freedom of speech or
expression devalues a civilized society. Without any doubt, democracy, racial equality, social justice, human
rights are all Islamic concepts. But unfortunately, the western world sees Islam as the opposite. The reality of
Islam is that it promotes justice and preserves human rights. The Holy Prophet was the greatest humanitarian
that ever walked on the planet. In fact "he must be called the saviour of humanity ". George Bernard Shaw
insists that "if a man like Muhammad were to assume dictatorship of the modern world, he would succeed in
solving its problems that would bring it the much needed peace and happiness." In support of this, a great
historian, Lamartine argues that "as regards all standards by which human greatness may be measured, we
may well ask, is there any man greater than he?" Thus, we learn that Muslims and nonMuslims alike have
found the life of Holy Prophet a continuous source of inspiration. Even the nonmuslims of Makkah knew
him as "the Truthful" (Al Sadiq) and "the Faithful" (Al Amin). In fact, each aspect of the life of Hazrat
exemplifies his perfection and is invaluable for those who seek a model of guidance because it is specifically
designed by Allah (S.W.T.) for this purpose. All of the Holy Prophet's attributes, virtues and qualities have
been showered on him as gifts from The Creator. Allah (S.W.T.) has carved the physical features, the style of
living and the conduct of His Messenger (S.A.W.) in such a perfect manner that each one of his qualities
serves as an argument for the glory and grandeur of The Creator. In fact the life of Hazrat is the focus of our
faith. Recognition of Messengership is recognition of the divine presence. According to his wife Ummul
Mu'mineen Hadhrat `A'ishah (R.A), "He was a personification of the Qur'an." Since the Prophet (S.A.W.) is
the embodiment of all the virtues that have been enunciated by the Holy Qur'an, a true understanding of the
attributes of the Prophet is in fact a true understanding of Allah's attributes. Sahih AlBukhari, Sahih Muslim,
and other authentic compilations of the traditions or Hadith of Hazrat are brimming with examples to support
the fact.
13. DeeneIslam is not a religion alone, it is a complete code of life. Religion deals with private affairs of life
whereas Deen covers all aspects of life, individual as well as collective. In other words Deen is all embracing
term which includes religiosociopoliticoeconomic system. It touches upon the material as well as spiritual
dimensions of human existence and insists that all our thoughts and deeds should be performed with good
consciousness. Having said all that, Hazrat is the pivot around which all of our faith revolves. It is narrated by
Abdullah bin Hisham (R.A.): "We were with the Prophet Muhammad (S.A.W.) and he was holding the hand
of Umar bin al Khattab. Umar said to him "O Allah's Messenger! You are dearer to me than everything
except my ownself." The Prophet (S.A.W.) said, "No, by Him in whose hand my soul is you will not have
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