The Federal Constitutional Court (FCC) on Thursday upheld the federal government’s ban on the import of books from India and Israel, ruling the right to read is not absolute and can be limited as per law, including on grounds linked to foreign policy.
In a 21-page judgement authored by Justice Aamer Farooq, the court upheld the federal government’s ban orders, observing this was within its constitutional and statutory authority. It said the measures reflected considerations of foreign policy, national security and sovereign discretion.
“We have recognized the right to read as flowing from the right to life under Article 9 of the Constitution, this right is not absolute but qualified. Article 9 itself expressly provides that no person shall be deprived of life or liberty ‘save in accordance with law’,” it added.
The ruling stated that in this particular case, the law was applied through the federal government’s regulation of trade. It held that the federal government’s foreign policy was not open to judicial review, adding any review or reconsideration of such policy remains the executive’s exclusive domain.
The judgement further stated the executive authority of the federation rests with the federal government, as exercised by the prime minister and the cabinet in the name of the president. It noted that Article 97 of the Constitution empowers the federation to exercise executive authority over matters that fall within Parliament’s legislative competence.
The court stated that in order to determine the extent of the federation’s executive power, it was necessary to examine the scope of Parliament’s lawmaking authority. It then referred to the grounds cited by the petitioners for the contested ban, namely national security and foreign policy considerations. “We refrain from examining the nature of Pakistan’s relations with the said countries or the policy reasons underlying the adoption of such measures,” it said, adding courts had consistently maintained that they should not interfere in matters involving national security and foreign policy.
Earlier the Lahore High Court had similarly upheld the validity of the import ban, but had issued certain directions to the federal government that were subsequently challenged.
The ban on import of books from India was imposed in 2019 by the then-PTI government. It followed Delhi’s revocation of the special status of Jammu and Kashmir.