Lawyers’ strike protesting arrests of Imaan Mazari and Hadi Ali Chattha halts all court proceedings, Islamabad High Court PHOTO: EXPRESS
ISLAMABAD:
The Federal Constitutional Court (FCC), upholding the government’s decision regarding the ban on the import of books from India and Israel, has held that the right to read is not absolute and may be subject to restrictions imposed by law, including those justified on foreign policy grounds.
The court also noted that the foreign policy of the federal government cannot be examined through judicial review by any court and its review or reconsideration is the exclusive prerogative of the executive.
“We have recognized that the right to read is derived from the right to life under Article 9 of the Constitution; this right is not absolute but conditional. Article 9 itself expressly states that no person shall be deprived of life or liberty “except in accordance with the law.”
“In the present case, the law has taken its course. The federal government has acted within its ambit of executive authority in regulating trade,” reads the 21-page judgment written by Justice Aamer Farooq, while upholding Statutory Regulatory Orders (SRO) Nos. 927 and 928(I)/2019, issued by the federal government under its constitutional and statutory authority, reflecting foreign policy, national security and sovereign discretion.
While the Lahore High Court also upheld the validity of the SROs and declared them intra vires the Constitution and the relevant legal framework, it issued certain directions to the federal government.
However, the executive challenged those instructions before the high court.
The FCC ruling noted that the executive authority of the federation rests with the federal government and is exercised by the prime minister and the cabinet on behalf of the president.
“Under Article 97 of the Constitution, the Federation is empowered to exercise executive power in respect of matters falling within the legislative competence of Parliament.
“To determine the extent of the executive power of the Federation, it is therefore necessary to examine the extent of the legislative powers of Parliament. At this stage, we take note of the reason invoked by the petitioners for imposing the impugned ban, namely, considerations of national security and foreign policy. We refrain from examining the nature of Pakistan’s relations with the said countries or the political reasons underlying the adoption of such measures,” the judgment said.
The ruling further said that courts have consistently held, over the years, that it should not interfere in matters related to national security and foreign policy.
