ttse Judgement Page 3 . extend to two . . years or w1th fine which may extend to five hundred thousand rupees or with both." It is hereby clarified that phrase "with dishonest intention" should not stop the takin g acf10n, because in absence of source and legal purpose of using reguh)ator from . . t intention is legally presumed and burden to proof otherwise dishones , s~c material s all be on person co1n1nitting such act. The regulator has to take prompt action under • • ns and then ask for discharge of the burden of proof. these prov1s1o .3• In administration of justice, though electronic material is admissible as ev~dence, but its standards are higher than the ordinarily documentary and oral evidence. For ordinarily documentary evidence, the Court has to satisfy itself by examining the scribe and the person in possession of the document, otherwise such documentary evidence is not admissible. Any audio or video in absence of its source or ownership cannot by any stretch of interpretation be a taken as piece of evidence for proceedings against an accused. The person against whom, such audio and video is leaked, is a victim not accused. 4. In this Court's opinion, the person who violates privacy of a citizen, if not proceeded against by any agency, the officer in charge of the agency should be taken to have connived with the offence and for such laps disciplinary proceedings should be initiated, followed by criminal proceedings, if so permissible under the law. Though this Court has already passed a restraining order on 26.01.2023, however, it is reiterated and elaborated that airing of audios, videos and printing of such material in regulated Electronic and Print Media, is hereby restrained. PTA shall ensure criminal action if such material is uploaded on social media from the territory of Pakistan. For any material-uplmrded or from abroad, -appropriate measures for getting such material removed shall be initiated by reporting it to the handlers and regulators of respective websites or forums like YouTube, Twitter, Facebook, etc. the measures so taken shall be made public besides making it an official record. Enforcement of Fundament rights and protection_ of.the Constitution js primary duty .of.constitutional courts. The violation shall be a contempt of this Court's order. If quick action is not taken by the respective regulators, the officer responsible-shall personally be answera61e-6efore this Court and on proved negligence or inaction shall be liable to be proceeded under contempt laws along with direction for disciplinary proceedings under the service laws. 5. Constitutional question raised in order dated 12.05.2023 has not yet been answered by the respondents and Federal Government. As different provisions of the Constitution are required to be interpreted along with relevant laws, therefore, notice under Order XXVII-A of C.P.C. is hereby issued to Federal Government. 6. Re-list for 09.06.2023 for further proceedings.

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