MUHAMMAD RAZA QURESHI, J. This Writ Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, (the "Constitution") and connected Writ Petitions bearing Nos.10168 of 2012, 23071 of 2014, 17937 of 2016 and 34254 of 2016, seek implementation of Article 251 of the Constitution. Therefore, all Petitions are decided through this Judgment.
2. Learned counsel for the Petitioner while advancing his arguments submits that in fact the provision of Article 251(1) of The Constitution, was made part of the Constitution since its draft; wherein it is categorically mentioned that the native language (Urdu) would be made official, as well as, educational medium of the country within a stipulated time-frame, which was to be implemented within fifteen (15) years, as such the time period allocated in the Constitution in this regard was upto 14th August, 1988. Learned counsel vehemently contend that despite this explicit provision of law, which has almost become redundant due to its non-implementation, no serious effort has ever been made by the Respondents till today for its implementation according to spirit of the Constitution. Learned counsel for the Petitioners vigorously contend that this Court has ample power to issue direction for implementation of such provision of the Constitution, which even otherwise is its incumbent duty.
3. Pursuant to notices issued to the Respondents, replies and parawise comments have been filed, which reflect that the Provinces as well as Federation are making all efforts to implement the provisions of Article 251 of the Constitution, therefore, to this extent, there is no controversy between the parties.
4. Under the Constitution, all State functionaries take an oath to preserve, protect and defend the Constitution. Article 5 of the Constitution commands that loyalty to the State is the basic duty of every citizen and obedience to the Constitution and law is the inviolable obligation of every citizen wherever he may be and of every other person for the time being within Pakistan. Article 251 of the Constitution commands as under: "(1) The National language of Pakistan is Urdu, and arrangements shall be made for its being used for official and other purposes within fifteen years from the commencing day.
(2) Subject to clause (I), the English language may be used for official purposes until arrangements are made for its replacement by Urdu.
(3) Without prejudice to the status of the National language, a Provincial Assembly may by law prescribe measures for the teaching, promotion and use of a provincial language in addition to the national language."
5. The language of Article 251 leaves no room for further interpretation as the word "shall" in Article 251(1) manifests that it is a mandatory provision and not directory, therefore, the provisions of Article 251 can neither be made redundant nor defiance thereof be allowed.
6. Pursuant to Article 251, Urdu has been declared as national language of Pakistan and stipulates steps to be taken by Provinces for the promotion of provincial language in addition to the national language. The national language is always a driving force behind unity of citizen of a country, which makes them distinct from other nations. This is possible only if recognition and respect is given to the national language, therefore, it is pivotal that it should be graded as a primary language and the preferred source of communication at every level. Apart from a name, a boundary, a currency and a flag, the national language makes a country respectable. The importance of national language has been stressed upon by the Supreme Court of Pakistan in its various Judgments reported as Munir Hussain Bhatti, Advocate and others v. Federation of Pakistan and another (PLD 2011 SC 407), Muhammad Yasin v. Federation of Pakistan through Secretary, Establishment Division, Islamabad and others (PLD 2012 SC 132), Independent Media Corporation and others v. Federation of Pakistan and others (PLD 2014 SC 657), (matter regarding publishing/Printing incorrect version of section 23 of Contract Act, 1872 in the Book titled The Contract Act, 1872, 2nd Edition/2011 by M Mahmood Advocate (PLD 2015 SC 257), District Bar Association, Rawalpindi and others v. Federation of Pakistan and others (PLD 2015 SC 401), and Muhammad Kowkab Iqbal and another v. Government of Pakistan through Secretary Cabinet Division, Islamabad and others (PLD 2015 SC 1210). In case of District Bar Association, Rawalpindi supra, the Supreme Court of Pakistan was pleased to observe as under:
7. In fact, the subject of implementation of Article 251(1) has already come before Supreme Court of Pakistan in the matter of Muhammad Kowkab Iqbal supra, wherein the Supreme Court of Pakistan was pleased to observe that the lack of interest shown by the Government to the Constitutional command contained in Article 251 directly feeds into the lawlessness that prevails in our society.
The Supreme Court of Pakistan was pleased to hold that we are tashed to both obey the Constitution and to enforce it, and we cannot shy away from our obligation to the same while the nation suffers even if some may (from habit or training) finds it more convenient to continue using the colonial language.
II. In view of the Constitution's commands contained in Articles 5, 28 and 251 and noting, the inaction and failure of successive Governments to implement these important provisions, the Supreme Court of Pakistan was pleased to Order as under:
(i) the provisions of Article 251 shall be implemented with full force and without unnecessary delay by the Federal and Provincial Governments;
(ii) the time-lines (given in letter dated 6-7-2015 reproduced above) which are given by the Government itself must be considered for implementation by the Government in line with Article 251 for implementation;
(iii) the Federal Government as well as Provincial Governments should coordinate with each other for uniformity in the "rasmulkhat" for the National language;
(iv) Federal as well as provincial laws should be translated in the National languages within three months;
(v) statutory, regulatory and oversight bodies shall take steps to implement Article 251 without unnecessary delay and also ensure compliance by regulatees;
(vi) in the competitive examinations at Federal level the recommendations of government bodies noted above, should be considered by the Government for implementation without unnecessary delay;
(vii) Judgments in cases relating to public interest litigation and judgments enunciating a principle of law in terms of Article 189 must be translated in Urdu and should be published in line with Article 251 of the Constitution;
(viii) In Court cases government departments should make all reasonable efforts to submit their replies in Urdu to enable citizens to effectively enforce their legal rights;
(ix) if, subsequent to this judgment, any public bodies or public officials continue to violate the constitutional command contained in Article 251, citizens who suffer a tangible loss directly and foreseeably resulting from such violation shall be entitled to enforce any civil rights which may accrue to them on this account.
20. Copies of this Judgment shall be sent to all the Federal as well as Provincial Secretaries, who are' to take immediate steps for enforcement of Article 251 in line, with Article 5 of the Constitution.
The concerned Federal and Provincial Secretaries shall submit reports showing compliance with the above orders. The first report of progress should be fixed in Court within three months."
9. Under Article 189 of the Constitution, any order, judgment or decision of the Supreme Court of Pakistan is binding on all functionaries of the State, therefore, the Federal as well as Provincial Governments are bound to implement the provisions of Article 251 as well as Order of the Supreme Court of Pakistan in Muhammad Kowkab Iqbal's case.
10. In the light of Muhammad Kowkab Iqbal judgment supra, the Respondents are directed to submit the status of compliance report with the Deputy Registrar (Judicial) of this Court within a period of 06 months, who upon receipt thereof is directed to number the same as Constitution Petition under Article 187(2) of the Constitution and place the same before this or may available learned Bench.
11. Disposed of.