23/07/2019
2018 P Cr
Azhar Amin Chaudhry, Deputy Secretary.
Shahab Azim, Deputy Director FIA, Islamabad, Babar Shahryar, Deputy Director FIA, Multan,
Muhammad Mumtaz Dogar, Assistant Director FIA and Muhammad Mumtaz Qureshi, SI/SHO, FIA
Multan.
ORDER
MUHAMMAD QASIM KHAN, J.Briefly the facts relevant to the decision of instant writ petition are
that some facebook pages by the names "Bhansa", "Mochi" and "Roshni" were found uploading
inflammatory and blasphemous material. The said fact was taken notice of by the petitioner and he as a
citizen of Islamic Republic of Pakistan, filed the instant writ petition precisely with the prayers that:
i) Respondents Nos.2, 3 and 4 be directed to block the pages in the social media namely "Bhansa",
"Machar" and other similar pages, and
ii) Respondents Nos.1 and 3 be directed to inquire into and investigate as to who are the actual
culprits.
2. It is argued by learned counsel for the petitioner, being represented by a majority of the Bar and backed by
number of religious scholars and the public, that the content being uploaded on facebook is not only against
faith of muslims, the same is also clear violation of Articles 19 and 19A of the Constitution of Islamic
Republic of Pakistan, 1973, in addition to being an offence covered by Chapter XV of Pakistan Penal Code. It
is further argued that despite commission of an offence, silence on the part of state functionaries is
unacceptable. While improving their arguments, it is argued that under section 37 of the Prevention of
Electronic Crimes Act, 2016, (hereinafter to be called as "PECA"), Pakistan Telecommunication Authority
constituted under section 2(iv) thereof, (hereinafter to be referred as "PTA"), must have taken steps to remove
and block all such content, but here in this case conscious inactivity on the part of PTA, must be taken note of
by this Court and authority must be directed to forthwith block facebook. The learned counsel representing
the petitioner added that their above verbal prayer may be considered as part of the main prayer clause of the
writ petition, as this Court otherwise has ample jurisdiction to grant the relief pursuant to the ultimate prayer
"any other relief").
3. The learned Assistant Attorney General, assisted by Director General PTA and other officers from
respondentministries, came out with the stance that all out efforts are being made much before the instant
raise of issue and in this context blasphemous content or pornographic sites were not only removed and
blocked but the said fact was also pointed out to all the information system administrators requesting them to
block such pages. The Director General PTA very fairly pointed out that as a matter of fact information from
the secured websites could not be removed by the PTA itself unless supported by the information system
itself. Further added that social media information systems namely facebook, YouTube and Twitter etc are
secured information systems and hosted out of territorial jurisdiction of Pakistan. Since the hosting of such
information systems do not fall within the regulatory regime of PTA, the only option left with PTA is to make
a request to the administrator of such secured information system to block objectionable contents/material
available there. In this context, certain letters written by the respondents' way back since 2011 have been
shown to the court. The court has been further informed that pursuant to the directions of the Hon'ble
Islamabad High Court, they have been able to convince the facebook administrator and they have shown
willingness to visit Pakistan and consider our concerns.
The Director General FIA, Multan submits that pursuant to the order of this Court an FIR No.59/2017 has
been registered at police station FIA ACC, Multan and already another FIR stood registered by the orders of
Islamabad High Court, whereafter, a joint investigation team has been constituted, some of the culprits have
been arrested, continuous efforts are being to trace and arrest the remaining accused and all must be brought
to book.
4. Heard.
5. On cursory glance to the annexures of this writ petition, this Court was shocked to see that the said
material consisting of text as well as the pics in the shape of caricature, etc., was more than enough to create
wide scale public unrest and outrage amongst absolute muslim majority of our Islamic ideological state.
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