IHC hints at ordering ban on Twitter

Asks authorities to inform micro-blogging site of its order

ISLAMABAD: The Islamabad High Court (IHC) on Friday said it might pass an order to the Pakistan Telecom Authority (PTA) to block in Pakistan the micro-blogging site, Twitter, over its noncooperation in removing blasphemous content.

The remarks came from the IHC judge Shaukat Aziz Siddiqui during hearing of a petition drawing the court's attention to non implementation of its judgment passed on March 31, 2017, carrying several directions for the government to deal with blasphemous content on social media.

On Friday, the judge asked why sacrilegious material was still present on Twitter. He also asked the deputy attorney general (DAG) about the steps taken to amend the Prevention of Electronic Crimes Act to ensure deletion of blasphemous content from web and penalising the perpetrators of such an act.



He directed the DAG to take up the matter related to uploading of blasphemous material on Twitter and inform authorities about the court order in this regard. “In case the Twitter's management refuses to remove the blasphemous material, the court may pass an order to the PTA to block Twitter,” he said.

In his remarks, Justice Siddiqui said he could have ordered blocking Twitter right away but then the politicians would say that their election campaigns were affected. He directed the authorities concerned to immediately write and inform Twitter about the court orders.

In its earlier order on a petition against blasphemous content on social media, the court had ordered the interior ministry “to identify NGOs operating in Pakistan with an agenda to spread blasphemy and pornography, obviously with financial assistance of different groups within or outside Pakistan”.

The court had directed the PTA to evolve some comprehensive and delicate mechanism to identify the pages/websites containing blasphemous content in order to take some remedial steps with promptitude.

Justice Siddiqui had observed that availability of blasphemous material on social media had direct bearing on the integrity, security and defence of Pakistan. He had added that all the institutions needed to rise to the occasion in order to protect ideological and geographical boundaries of the country.

The IHC had also ordered the authorities concerned to include sections related to blasphemy and pornography in the Cyber Crimes Act and to enquire about the NGOs operating in Pakistan with an agenda to spread blasphemous contents and promote pornography.

He had also ordered that the top leadership of the country needed to become pro-active on the issue for raising national “firewall” enabling Pakistan to monitor Pakistan’s internet traffic and all the users.

Few bringing disrepute

Referring to his July 18 order in which he explicitly asked the army chief and the top spymaster to stop meddling in affairs of other departments, Justice Siddiqui remarked that it may not be in the knowledge of the army chief Gen Qamar Javed Bajwa that only a few within the army ranks are damaging its image.

The judge said he was even ready to make some suggestion and would share some facts if the army chief deputes a four-star general in connection with his order.

The remarks came when a petitioner, Salman Shahid, complained that the secret agencies had picked him up a few months ago and though released him later on he was still being pursued by the agencies' officials.

On July 18, Justice Siddiqui while hearing a missing person's case reprimanded the capital's police for their failure to protect the citizen in the face of a rise in abduction and criticised intelligence agencies, especially, the Inter-Services Intelligence (ISI) for interfering into the domain of other institutions.



Expressing serious concerns over the perception that a state within state existed, he had said as such, these elements conspired to manipulate the government and the judiciary.

Justice Siddiqui had directed the secretaries of the ministry of interior and defence to place the court’s order before the COAS and the ISI director-general, wherein he emphasised that secret agencies need to realise that they have to confine themselves within the boundaries of the constitution.

Citing the manner in which these elements marked specific cases to different judges, Justice Siddiqui said: “Everyone knows how (court) proceedings are manipulated, from where strings are pulled, and when power (is) wielded and manoeuvred to achieve the desired results.”

“It is a matter of great concern that even [after] benches are constituted, cases are marked to different benches on the direction of such elements.”