To the respected members of the Provincial Assembly Punjab,
We write to you today to express our grave concern over the passage of the draconian Tahaffuz-e-Bunyad-e-Islam Bill 2020 (“the Bill”), which empowers the Directorate General Public Relations (“DGPR”) to visit and inspect any printing press, publication house or book store and confiscate any book, before or after printing. The vesting of such immense arbitrary, unfettered and unilateral power in a single bureaucrat is in breach of even those reasonable restrictions that can be imposed on the right to freedom of expression under the Constitution of Pakistan, 1973 (“the Constitution”).
Additionally, the DGPR does not have the expertise to decide on such matters. The function of the DGPR is the publicity of the government and handling public relations of the government. There is no rational or legal basis for the DGPR to be granted competence by the legislature to make determinations on matters entrusted to him under this Bill. Further, under Section 8(4) of the Bill, the books confiscated are to be presented to the Muttahida Ulema Board. The Bill neither defines the Board, nor does it shed light on its composition. There is also no rationale for assuming that the said Board is competent to decide what is prejudicial to national interest and culture.
Moreover, due to the ambiguous wording of the Bill, there are bound to be major problems with respect to its application, specifically relating to discriminatory application of this power, which will inevitably lead to violations of Article 25 of the Constitution. For example, the Bill prohibits the printing and publication of “objectionable material” and prevents publishers, editors and translators from printing or publishing said material, without defining what constitutes “objectionable material”. As such, there is no objective legal certainty through which citizens of Pakistan can definitively regulate their conduct in accordance with the provisions of this Bill.
There is a pressing need for this Bill to be reviewed in its entirety, as it amounts to excessive delegation of powers to the executive. The Courts in Pakistan have repeatedly struck down laws on the basis of the doctrine of excessive delegation. Our Constitutional framework is based on trichotomy of powers. Although limited delegation of legislative powers is permissible, such unbridled power to determine what amounts to objectionable content essentially amounts to handing over power of the legislature to an executive official.
Under Section 7(b) of the Bill, the DGPR has also been empowered to “investigate”, “inquire”, “assess” or “ascertain” “any acts or omission involved in the matter”. It is completely ambiguous as to what the “matter” is. Such unchecked power is bound to be abused by executive functionaries when they perform the functions of prosecution and judge to punish any breach under the law. Such delegation of power amounts to vesting judicial powers in the executive, which is in breach of principles of trichotomy of power and separation of powers.
As there are no intelligible criteria provided within the Bill on the basis of which confiscation can be ordered, the application of the Bill will almost certainly result in Article 25 violations. If the DGPR is allowed to arbitrarily confiscate publications, there will be no checks and balances against discriminatory or prejudicial treatment, and the absence of any mechanism to prevent the same will only aid the misuse and misapplication of this vaguely phrased Bill.
The Bill additionally empowers the DGPR to refuse permission to import, print or publish a book “if it is prejudicial to the national interest, culture, religious and sectarian harmony”. These are not lawful restrictions on the right to freedom of expression under the Constitution. In fact, even if they were listed grounds contained in Article 19, restrictions on the right to expression must comply with the three-part test contained in Article 19 of the International Covenant on Civil and Political Rights (“ICCPR”), to which Pakistan has been a State Party since 23 June 2010. Accordingly, an interference with the right to freedom of expression is only legitimate if:
(i) it is provided by law;
(ii) it pursues a legitimate aim; and
(iii) it is necessary in a democratic society.
The onus is on the Punjab Assembly to establish that the interference resulting from the Bill is legitimate under the legal standard of assessment provided in the ICCPR.
The powers of confiscation provided for in the Bill are violative of Article 10-A of the Constitution. The Bill does not provide for a right to hearing prior to confiscation, which is violative of the principle of audi alteram partem. It is a well-settled principle of our jurisprudence that if it is being contemplated to pass an order against a person, he/she should first be provided with an opportunity of hearing. Public office-holders, including the DGPR, exercise powers only under the law and as such it is incumbent upon them to grant an opportunity of hearing before passing an adverse order.
The requirement of four gratis copies placed on publishers and printers, under Section 5 of the Bill, is an impediment to the exercise of their Article 18 right safeguarding freedom of trade, business or profession. Public entities cannot take any measures or decisions that impair the exercise of this right.
This Bill is also in breach of Article 19A of the Constitution, which protects the right to access to information. The concepts of glory of Islam, national interest, culture and religious and sectarian harmony cannot be allowed to be misused and become a tool for whimsical, arbitrary, subjective, unstructured, dictatorial or unreasonable censorship and control of publications.
Ultimately, we view the passage of this Bill as a blatant attempt by the Punjab Assembly to circumvent the guarantees for fundamental rights contained in the Constitution. What is peculiar is why a democratic forum would behave in such a dictatorial manner, disrespecting the very Constitution that empowers it. The DGPR, as the sole regulator for publications across Punjab, cannot act in an arbitrary, capricious or unjust manner. Under the law and Constitution, the DGPR is not granted absolute, unfettered discretion to act arbitrarily.
We also fear that certain provisions of the proposed Bill may fuel sectarian tensions in the province, which would have spillover effect(s) throughout the country.
The Constitution does not allow legislators to have unbridled power to legislate, they must do so within the defined contours of the Constitution and the Fundamental Rights enshrined within it.
Lastly, as citizens of Pakistan, we cherish the right to freedom of expression as one of the cornerstones of a democratic society. It is an integral requirement for progress and development of human beings. Every condition or restriction imposed on our right to expression and our right to information must be proportionate to the aim purportedly pursued. The necessity for this bill must be established by the Punjab Assembly, which has not yet been done. Moreover, the Punjab Assembly has been unable to highlight a pressing social need that required passage of this Bill. Therefore, we register our strong opposition to this draconian Bill and strongly urge reconsideration of the position adopted by the Punjab Assembly. We would also like to raise our concern with respect to the impact of this Bill on domestic industry. Given the digital age we live in, such prohibitory legislation may end up encouraging citizens to get hold of online pirated versions of publications that they wish to read. This would consequently have an adverse impact on local publishers and distributors.
Signed by:
1. Imaan Zainab Mazari-Hazir, Lawyer
2. Mohammad Raza Goraya, Lawyer
3. Zainab Janjua, Lawyer
4. Usama Khilji, Activist
5. Barrister Syeda Jugnoo Kazmi, Lawyer
6. Nighat Dad, Advocate High Court
7. Dania Mukhtar, Advocate High Court
8. Shmyla Khan, Lawyer
9. Muhammad Usman, Lawyer
10. Saqib Jillani, Lawyer
11. Nabiha Sheikh, Philosophy for Children, Pakistan
12. Salima Hashmi, WAF Lahore, Artist, Educator
13. Women’s Action Forum Lahore
14. Humaira Masihudin, Lawyer/Criminologist
15. Minaam Karim, Lawyer
16. Neshmiya Adnan Khan, Lawyer
17. Arafat Mazhar, Director, Engage Foundation for Research and Dialogue
18. Naila Malik, Principal, The Indus Academy
19. Shoaib Muhammad Khan, Chartered Accountant
20. Yasser Vayani, Artist
21. Naila Mahmood, Artist, Educator
22. Hoori Noorani, Publisher
23. Mohsin Sayeed, Designer
24. Ava Cowasjee, Philanthropist
25. Zain Ahmed, Theatre Director
26. Sameera Raja, Gallery Owner
27. Saba Obaid, Homemaker, Artist
28. Dr. Shahid N. Zahid, Economist and Development Policy Specialist
29. Professor Yasmin Cheema, Educationist, Independent Heritage Consultant
30. Nyla Ahsan, Educationist
31. Nargis Soorty, Director, Soorty Enterprise
32. Dr. Furqan Ahmed
33. Khawaja Murtaza Mashooqullah
34. Behram Ahmed
35. Vishal Anand, Community Organizer
36. Aroon Arthur, Community Worker
37. Daniel Daniel, Youth Leader
38. Mohsin Sheheryar, Political Activist
39. Gul-e-Zehra, Community Organizer
40. Madiha Naqvi, Educator, Activist
41. Baqir Sajjad, Journalist
42. Ali Furqan, Journalist
43. Midhat Zaidi, Communications Specialist
44. Zafar Abbas, Scholar, Activist
45. Noor-e-Maryam, Development Professional
46. Jaffer Mirza, Researcher
47. Asif Mumtaz, Advocate High Court
48. Meesum Zaidi, Journalist
49. Noor Darwesh, Blogger
50. Ali Hussain, Journalist
51. Riaz Ali, Activist
52. Hassan Raza, Development Professional
53. Syed Sheraz Sherazi, Businessman
54. Farwa Haider, International Footballer
55. Marium Chaudhry, Journalist
56. Benazir Shah, Journalist
57. Zebunnisa Burki, Journalist
58. Abid Hussain, Journalist
59. Mehmal Sarfraz, Journalist
60. Adnan Sattar, LUMS
61. Suleima Jahangir, Lawyer
62. Anushay Malik, Historian
63. Ayaz Qureshi, Academic
64. Ayyaz Malik, Academic
65. Asad Saeed, Economist
66. Huma Yusuf, Journalist
67. Irfan Husain, Columnist
68. Saroop Ijaz, Lawyer
69. Danish Mustafa, Academic
70. S. Ali Abbas, Economist
71. Muhammad Ali Jan, Academic
72. Reema Omer, Lawyer
73. Wajid Shamsul Hasan, Former High Commissioner of Pakistan to the UK, Journalist
74. Khawaja Ahmed Hosain, Lawyer
75. Tariq Suleman, Academic
76. Sobia Ahmed Kaker, Academic
77. Mahvish Ahmad, Academic
78. Asha Amirali, Academic
79. Arif Naveed, Academic
80. Maria Rashid, Academic
81. Ayesha Ijaz Khan, Lawyer
82. Raza Rumi, Journalist
83. Umber Khairi, Journalist
84. Shan Aman Rana, Academic
85. Tayyab Safdar, Academic
86. Nadir Cheema, Academic
87. Umair Javed, Academic
88. Sameen Mohsin, Academic
89. Ali Usman Qasmi, Academic
90. Aisha Ahmed, Academic
91. Yasser Kureshi, Academic
92. Zoha Waseem, Academic
93. Salman Khan, Academic
94. Ammar Ali Jan, Activist, Academic
95. Jannat Ali Kalyar, Barrister
96. Ramis Sohail, Advocate High Court
97. Usama Khawar Ghumman, Advocate High Court
98. Zain Qureshi, Advocate High Court
99. Haider Kaleem, Journalist
100. Zainab Fakhar, Advocate
101. Muntaha Khan, Advocate
102. Hamza Asad Farooq, Advocate High Court
103. Indus Public Lawyers’ Front
104. Hija Kamran, Activist
106. Muhammad Umer Toor, Advocate High Court
107. Hammad Mazari, Advocate High Court
108. Hiba Akbar, Academic
109. Haider Kaleem, Journalist
110. Farva Batool
111. Haider Butt, Advocate
112. Yusra Jabeen, Journalist
113. Beenish Javed, Advocate High Court
114. Hassan Raza, Journalist
115. Shaheer Roshan Shaikh, Lawyer
116. Ali Aftab, Activist
117. Murtaza Bajwa, Activist
118. Alia Haider, Doctor
119. Salman Sikandar, Activist
120. Ali Behram Khan, Activist
121. Ali Ashraf Malik, Journalist
122. Zinoor Butt, Lawyer
123. Amnah Chaudhry, Activist
124. Mudabbir Ali, Researcher
125. Bilal Zahoor, Publisher
126. Hamid Riaz, Journalist
127. Zaighum Abbas, Academic
128. Ayaz Safdar Sandhu, Advocate High Court
129. Qamar Sehol, Advocate High Court
130. Usman Alam, Advocate
131. Ahsan Zubair Bhatti, Advocate
132. Kazim Shah, Advocate
133. Rana Fazal, Advocate
134. Zulqarnain Baryar, Advocate High Court
135. Rana Zia Hassan, Advocate High Court
136. Safdar Hussain Sandhu, Advocate High Court
137. Bilal Butt, Advocate High Court
138. Abdul Karim Kerala, Advocate Supreme Court
139. Kaleem Haider Tarar, Advocate
140. Ahmed Saeed, Journalist
141. Husnain Jamil, Artist
142. Maqbool Jaffar, Journalist
143. Ammar Yasir, Journalist
144. Zubair Siddique, Journalist
145. Jafar Bazoi, Journalist
146. Qamar Abbas, Journalist
147. Salaar Khan, Lawyer
148. Naila Zahid, Educationist
149. Zahra Hidayatullah, Journalist
150. Intizar Aslam Bhatti, Architect, Director Art & Architecture Pakistan (GOP)
151. Munize Peracha, Architect
152. Mariyah Mazari, Educationist
153. Khushbakht Sohail, Lecturer
154. Tabish Hazir, Doctor
155. Anique Salman Malik, Lawyer
156. Rabi bin Tariq, Lawyer
157. Nausherwan Niaz, Lawyer
158. Barrister Waqas Aziz Qureshi, Lawyer
159. Mashal Waqar, Lawyer
160. Babar Sattar, Lawyer
161. Asfandyar Khan, Lawyer
162. Rahid Mahar, Lawyer
163. Ammar Rashid, Activist
164. Jahanzeb Ali Chaudhry, Lawyer
165. Ammara Kazmi, Advocate High Court
166. Atta Ullah Kundi, Lawyer
167. Hammayle Hassan, Lawyer
168. Sadia Noreen Malik, Lawyer
169. Hassan A. Niazi, Lawyer
170. Noor Bano Khan, Lawyer
171. Hassan Sattar, Edupreneur, Educationist & Author
172. Rabia Amir, Lawyer
173. Barrister Ahsan. J Pirzada
174. Misbah ul Mustafa, Lawyer
175. Asad Jamal, Lawyer
176. Umer Rehman, Lawyer
177. Raheel Ahmed, Lawyer
178. Mariam Rajper, Lawyer
179. Maira Khamisani, Lawyer
180. Maria Shah, Lawyer
181. Yusra Alvi, Architect
182. Zoya Chaudhry, Lawyer
183. Ranwal Ghanghro, Lawyer
184. Faizan Toor, Lawyer
185. Fatima Hussain, Engineer
186. Rida Bhatti, Lawyer
187. Muhammad Mehmood, Lawyer
188. Kazim Hasan, Senior Advocate Supreme Court
189. Kabir Hashmi, Lawyer
190. Shayyan Qaiser, Lawyer
191.Muhammad Haider Imtiaz, Lawyer
192. Umair Alam, Barrister-at-Law
193. Jugnu Mohsin, MPA, PP 184 Okara, Journalist
194. Mehrunissa Sajjad, Barrister
195. Bakhtawar Bilal Soofi, Lawyer
196. Noor Ejaz Chaudhry, Lawyer
197. Qasim Abbas Khan Langa, Independent MPA PP 222, Multan
198. Alamdar Abbas Qureshi, MPA PP 255 Muzaffargarh
199. Agha Ali Haider, MPA PP 134 Nankana
200. Syed Usman Mahmud, MPA PP 264 Rahimyarkhan
201. Rais Nabeel Ahmed, PP 265 Rahimyarkhan
202. Mian Saqib Awais, PP 252 Multan
203. Ch. M Shafiq Anwar, PP 267
204. Mumtaz Ali Khan Chang, PP 266
205. Ayesha Zaigham, Concerned Citizen
206. Zainab Najeeb, Academic
207. Mehr Hussain, Writer
208. Sonya Rehman, Journalist
209. Awais Khan, Educator
210. Nashmia Arsalan, Advocate High Court
211. Qasim Ahsan, Academic
212. Maleeha Waqar, Researcher
213. Samar Masood, Lawyer
214. Nazuk Iftikhar Rao, Development Professional/Writer
215. Mekaeel Malik, Businessman
216. Mansoor Usman Awan, Advocate Supreme Court
217. Zaki Rehman, Lawyer
218. Ramsha Noshab, Lawyer
219. Umer Ijaz Gilani, Lawyer
220. Jawad ur Rahim Malik, Lawyer
221. Justice (Retd.) Nasira Iqbal, Activist
222. Munizae Jahangir, Journalist
223. Usama Malik, Lawyer
224. Hassan Raza Sheikh, Management Consultant
225. Hassan Tahir, Educationist
226. Mohammad Jamal Ahmed, Writer
227. Zain Ul Abdin, Student & Political Organiser at PRSF
228. Assad Zulfiqar Khan, Filmmaker
229. Hassan Raza, Educationist and Community Activist
230. Suneel Malik, Activist
231. Alhan Fakhr, Freelance Journalist
232. Asma Shirazi, Journalist
233. Anya Raza, Filmmaker/Writer
234. Zoya Rehman, Lawyer/Researcher
235. Humza Aasim Yusuf, Doctor
236.Adeela Suleman, Artist, Educator
237. Amjad Nazeer, Human Rights Defender
238. Zareena Saeed, Academic
239. Tania Saeed, Academic
240. Zeeshaan Zafar Hashmi, Advocate High Court
241. Hassan Atir, Academic
242. Maheen Pracha, Human Rights Worker
243. Mangla Sharma, MPA
244. Dr. Abdul Hameed Nayyar, Educationist
245. Shayma Saiyid, Artist
246. Khwaja Aizaz Ahsan, Advocate High Court
247. Farid Alvie,
248. Shah Rukn-e-Akam, Student
249. Ahmad Wasti, Artist
250. Muhammad Talha Tanveer, Senior Officer, PSO
251. Nida Usman Chaudhary, Gender, Equality and Diversity Advocate
252. Prof. Ijaz Khan, Academician/ Researcher
253. Farman Ali Abbasi, Law Student
254. Malaika Raza, Human Rights Defender
255. Irfan Ghauri, Journalist
256. Sabina Gillani, Artist
257. Syed Rawal Kazmi, Lawyer
258. Mehar Khursheed, Journalist
259. Shayan Malik, Policy Analyst
260. Saifullah Nasar, Academic
261. Mustafa T. Wynne, International Relations Student, Social Activist
262. Dr. Shahnaz Rouse, Academic
263. Farida Ghias, Housewife
264. Rida Zainab, Student
265. Ahmed Waheed, Teacher
266. Aileya Shah, IR student/Activist
267. Anas
268. Zeerak Ibrahim, Student
269. Azeem Hamid, Academic / Visual Designer
270. Maria S Kazmi, Criminologist
271. Yasmin Cheema, Architect/Conservationist
272. Haiqa Shah, Student
273. Asmaa Ammar Shah, Sales/Marketing Manager
274. Hamna Khalil, Med student
275. Mir Saeed Ibrahim
276. Lala Hassan, Human Rights Defender/Media Lawyer
277. Saleem Malik, Human Rights Defender
278. Tariq Mehmood Ghouri, Human Rights Activist
279. Aliya Syed, Technical Writer/Development Practitioner
280. Mariam Aamir, Development Professional
290. Obair Ahmad Khalil, Advocate
291. Mariam Mian, Educator
292. Naazish Ata-Ullah, Artist, Educationist
293. Nada Hasan, Marketing Consultant
294. Adeel Malik, Academic
295. Adnan Qadir, Academic
296. Ayaz Ahmed Siddiqui, Academic
297. Tahir Mujtaba, Activist, Electrical Engineer
298. Sakina Hassan, Librarian
299. Muhammad Ahmed, Supply Chain Professional
300. Sonia Ahmad, Lawyer/Editor
301. Nehal Ahmad Khan
302. Farazeh Syed, Artist
303. M. Hafeez Rehman, Human Rights Worker
304. Muhammad Talal Khalid, Blogger
305. Mehr Un Nisa, Scientist
306. Elahe Mawaz, Teacher
307. Ameerah Said, Banker
308. Farida Batool, Academic
309. Muhammad Arslan Athar, Writer
310. Suffiyan Rasheed, Student
311. Fatima Najeeb Khan, Digital Marketer
312 saida Jan scientist(ret)
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