' 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 non- followers as well, launched a competition titled as "Everybody Draw Muhammad Day". According to the said unholy, unscrupulous and so-called 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 9-5-2010 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 so- called 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 non-Muslims 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.
5. Mr. Muhammad Azhar. Siddique, Advocate, petitioner in Writ Petition No,11559 of 2010 and Chairman of petitioner-company in Writ Petition No,16015 of 2010, in furtherance of the arguments advanced by the learned counsel for the petitioner in Writ Petition No,10392 of 2010, submits that the material available on the website is aimed at to obliterate the religious harmony amongst the followers of different religions; that publication of such material is punishable under section 295-C of P.P.C. And despite a direction issued by the Ex-Officio Justice of Peace on the application of the petitioner F.I.R. Has not been registered against the concerned persons: that respect for everyone's religion is a prerequisite for the worldly peace but the material available on the website in question runs contrary to the said foremost need of the hour; that the publication of such material is also violative of the United Nation's resolution wherein all the member States are required to take joint and separate action in cooperation with the United Nations for the promotion and encouragement of respect for human rights and fundamental freedom for all without distinction as to race, sex, language or religion and that the timely blockage of said website is not the solution of the problem.
6. Learned Deputy Attorney General for Pakistan submits that to curb such activities an Inter Ministerial Committee consisting of representatives of different ministries was constituted in the year 2006 and the said committee is empowered to redress the grievance of any individual or a group in the event of a complaint is filed before it but in the present-case no such complaint was filed by the petitioners before the said committee; that pursuant to the information of the objectionable material the same has already been blocked and the Government of Pakistan is in constant touch with the administration of the website in question on this issue; that when the petitioners have alternate remedy of filing a complaint before the afore mentioned committee the instant petition is not maintainable; that government is taking all possible measures to avoid such like material to be viewed in Pakistan; that the government has agitated the said matter at international level viz. As a result of the efforts of Pakistan a resolution under the subject "Inter Faith and Inter Cultural Dialogue has been adopted and that the. Minister of State for Foreign Affairs in his statement at the NAM Ministerial Meeting on Inter Faith Dialogue and Cooperation for Peace and Development highlighted the said issue by stating that in a recent times we have witnessed instances of deliberate and provocative insults to the religion of Islam and its sacred personalities and symbols and that Ministry of Information. Technology and Pakistan Telecommunication Authority in their campaign against blasphemy have blocked thousands of websites/URLs.
7. Learned counsel appearing on behalf of Pakistan Telecommunication Authority, while adopting the arguments advanced by the learned Deputy Attorney General for Pakistan, state that a Crises Cell has been established in the Services Division ICT Directorate and Enforcement Division and the same is working round the clock to cope with such situation, thus, the present petitions in presence of alternate remedy are not maintainable; that United Nation's and OIC are not necessary parties to these petitions therefore, they have wrongly been arrayed as respondents in Writ Petitions Nos.11559 and 16615 of 2010; that the Writ Petitions seems to be a device fee earning reputation amongst the masses as out of three two have been filed by law firms whereas the third one has been filed by the Chairman of Muhammad Ahmad Public Interest Litigation Company; that there is nobody denying the pride, worth, respect and status of the Holy Prophet Muhammad (P.B.U.H.) but at the same time no one should be allowed to use the said issue for his own eulogize himself inasmuch as in Writ Petitions Nos.11559 and 16615 of 2010 much has been written while highlighting different issues agitated by Muhammad and Ahmed, a public interest litigation company and less has been discussed about the issue involved in these petitions; than material in question has not only been published on the website in question rather the same has also been published by many other websites, therefore, despite hectic efforts it is not possible to completely block such websites; that in case of complete blockage of certain websites the users in the country would be deprived of the benefits being availed by them and that it is need of the hour that in addition to the efforts of government functionaries creation of awareness amongst the public-at-large is most pivotal.
8. Learned. Assistant Advocate-General has toed the line of Deputy Attorney General for Pakistan with only additional submission that since the offence has not been committed in. Pakistan, therefore criminal case cannot be registered as prayed for.
9. In view of the sensitivity of the issue. I have given my anxious consideration to the arguments put forth by the learned counsel for the parties and have also gone through the documents appended with these petitions. The issue involved in these petitions revolve around the publication of defamatory material regarding the personality of Holy Prophet Muhammad (P.B.U.H.) Who is not only being adored by the Muslims but also has been made a role model in their routine life by many non-Muslims The faith of a Muslim is not completed until and unless he has stern belief in the dignity of the Prophets of other religions also. The purpose behind this concept is that all the Prophets were sent by the Allah Almighty towards different nations at different times for their reformation and the said process came to an end with the arrival of the last Prophet Muhammad (Peace be upon him). Thus, it is prerequisite for a Muslim to have a firm belief and respect for all the Prophets/Messengers who preceded the Holy Prophet Muhammad (Peace Be Upon Him).
Likewise,, the Muslims also elect same altitude/treatment for their Holy Prophet Muhammad (Peace be upon him) as well and in case of any derogatory or defamatory remarks, the arousing of their religious sentiments is not only natural but is also the need of the love and affection which they have towards their great Prophet Muhammad (Peace be upon him).
10. With heavy hearted I am bewildered to say that in this era of civilization and modernism, the attempts to hurt the religious feelings of the followers of a typical religion especially the Muslims are not only rampant but the same has increased many-fold. At the same time the lethargic and sluggish attitude of the government functionaries by not responding to such material with promptitude raise number of questions about their commitment towards their duties, efficiency and conduct. According to the Deputy Attorney General for Pakistan as well as learned counsel appearing on behalf of Pakistan Telecommunication Authority (PTA) an Inter Ministerial Committee in addition to a Crisis Cell have already been established to have a check and balance on the websites and in the eventuality of objectionable material qua the Muslims Prophet or their religious symbols but surprisingly enough both the said authorities were not even moved to take any step towards the blockage of such blasphemous material against the Holy Prophet Muhammad (Peace be upon him) until and unless an order was passed by this court. This is not only their official Job but ethically, morally and religiously they are bound to take immediate steps for elimination of such material prior to it the same reaches to the public-at-large. This is not the sole example Wherein an attempt has been made to lower down the stature and dignity of Holy Prophet Muhammad (Peace be upon him) but in past such recourse was resoled to by the unscrupulous media as well. Had there been any proper response by the concerned departments in Pakistan at the relevant time the same might have never been repeated. For instance, during pendency of these Writ. Petitions, Pakistan Embassy took up the matter with the government of United States of America and as a result thereof not only the Assistant Secretary to State of United State of America condemned the publication of such offensive material by the management of the website in question but the owner of the said website clarified his position that the said material had already been whipped off from the website. This shows that if the government had taken the matted with the concerned at the earliest perhaps there was no need of filing these petitions before this Court.
11. Now coming to the objection of respondents that no complaint was filed either with the Inter Ministerial Committee or with the Crisis Cell working in the Services Division ICT Directorate and Enforcement Division, suffice it to observe that the said authorities should have taken action at their own instead of waiting for any complaint from against the public as in case of reaching the objectionable material to the public-atlarge the very purpose of the formation of the two above said institutions would fall to the ground. The said slothful and lackluster attitude of respondents cannot be approved of rather the same deserves to be deprecated for the reason that in such a sensitive matter they kept mum till the time an order was passed by this court regarding blocking of the website in question.
12. Another important limb of the matter is that when besides Islamic countries like Saudi Arabia, Iran, UAE etc. China has also imposed complete ban on the said website then why the government is so hesitant in this regard. Moreover, they can solicit necessary help from the said countries with regard to legislation in that regard. For the purpose, United Nations can also be moved for passing resolution against such acts and as a consequence thereof, it would be easy for the government functionaries to take prompt action against the said acts. Another forum where the said matter can be competently agitated is the Organization of Islamic Countries (01C) but the government has not bothered to take matter of such importance before the said forum which speaks volumes about the negligence on the part of the government in this regard.
13. Insofar as the viability of internet is concerned, suffice it to note that there is no body denying the importance of the use of internet in different spheres but the same should not be at the cost of religious disharmony as the said exercise would not only create chaos amongst the members of the society at national as well as international level but also would disintegrate the efforts being made towards the international peace and tranquillity.
14. As a necessary corollary to the discussion in the foregoing paragraphs the following guidelines are formulated for immediate and strict action by the respondents:-
(i) that Inter Ministerial Committee constituted by the then Prime Minister in the year; 2000 would keep a vigilant eye on the websites and in the eventuality of any objectionable material concerning the religious faith of any group would take prompt action before it reaches to the public-at-large and in case of failure the concerned persons would be 'taken to task while initiating disciplinary action against mem and the government would also include some members from amongst the private persons in the said committee;
(ii) that the Crisis Cell working in the Services Division ICT Directorate and Enforcement Division shall be used as a tool to unearth such material and to block the relevant website/URL forthwith and in case of failure stern action be taken against the delinquents;
(iii) that the government shall agitate the matter before the United Nations through its permanent delegate for legislation at international level against such acts and convey the reservations of the Muslims of the world in general and that of Pakistan in particular regarding the publication of such objectionable material;
(iv) that the government shall bring matter before the Organization of Islamic Countries (OIC) in consultation with the other member countries and would adopt a clear-cut via media to halt repetition of such incidents;
(v) that the government shall also see the viability of permanent blocking of the websites involved in unethical and illegal A . Activities in the event that such material is again presented on internal
(vi) that the government shall strive for legislation in this regard on the lines already adopted by other Islamic countries in addition to China:
(vii) that the government shall impart awareness amongst the public through different modes e.g. Print and electronic media regarding use and misuse of such like websites: and
(viii) that in case of repetition the government shall sue concerned authorities before the appropriate forums.
' With these observations all the three Writ Petitions are disposed of.