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Govt directed to block ‘blasphemous’ websites

By Mohammad Kamran

ISLAMABAD: The Supreme Court on Thursday directed the government to adopt measures for blocking websites showing ‘blasphemous’ material and summoned the authorities concerned on March 13 to explain why such sites were not blocked earlier keeping in view the sensitivity of the issue.

A full bench of the apex court directed the attorney general (AG), Makhdoom Ali Khan, to explore laws relating to blocking objectionable websites. The AG told the court that registration of cases against those responsible for allowing ‘blasphemous’ material on the internet would be considered under section 295C of the Pakistan Penal Code. “We will not accept any excuse or technical objection on this issue because it relates to the sentiments of the entire Muslim world. All authorities concerned will have to appear in the court on the next hearing with reports of concrete measures taken to implement our order,” said Chief Justice Iftikhar Muhammad Chaudhry while hearing the constitutional petitions seeking obstruction of websites showing ‘blasphemous’ material on the internet.

One petition was filed by Dr Imran Uppal through his counsel Qamar Afzal under article 184(3) of the constitution and another petition was filed by Moulvi Iqbal Haider regarding registration of cases under the blasphemy law.

During the hearing, the chairman of Pakistan Electronic Media Regulatory Authority (PEMRA), Iftikhar Rasheed, told the bench that blocking a website was out of PEMRA’s jurisdiction and it was the Pakistan Telecommunication Authority (PTA), which dealt with the telecommunications infrastructure and internet service. Qamar Afzal argued that the authorities concerned should have stopped the websites immediately after the scandal appeared in the press and any procrastination on their part lead to violation of law.

Ibrahim Satti, another counsel, accused the government of criminal negligence as no case was registered on the prevalence of ‘blasphemous’ material in Pakistan. He said that Pakistan had inked extradition treaty with many countries through which violators in other countries could also be charged under the existing national and international laws. After hearing the preliminary arguments, the bench, consisting of Chief Justice Iftikhar Muhammad Chaudhry, Justice Faqeer Muhammad Khokhar and Justice Mian Shakirullah Jan, served notices to all the respondents and other agencies concerned including, the attorney general, PEMRA chairman, PTA chairman and ordered them the direction to appear in court on March 13.

Federation of Pakistan, Telecommunication Ministry, PEMRA, PTA, Yahoo Incorporation USA and 1&1 Co, the web host of ‘blasphemous’ sites through Chairman Andreas Ganger were made respondents to the petitions. The petitioner had asked the court to restrain the internet service providers (ISP) from publishing, transmitting or advertising websites showing the caricatures of Holy Prophet Muhammad (PBUH).

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