The government has informed the Lahore High Court (LHC) that it is not possible for it to provide a list containing names of the government officials who use Xformerly Twittereven after imposing a temporary ban on the platform.
A three-member bench led by LHC Chief Justice Aalia Neelum on Tuesday resumed hearing a plea seeking directions for the government to enhance the internet speed, restore X and lift a ban on Virtual Private Networks (VPNs) and some other social media platforms.
As proceedings commenced, the additional attorney general told the court that the Pakistan Telecommunication Authority (PTA) had submitted a report in this case. He said the LHC had sought a list of the government officials who use X "but it is not possible to provide such list".
Speaking on the occasion, the petitioner's counsel, Azhar Siddique, said the federal government and the PTA are not on the same page on X's ban. Justice Neelum remarked that there is no concept of "same page" in courts. "You and the court are also not on the same page," she added.
Siddique reiterated that no response was submitted by the federal government in writing, underlining the reason why X had been made dysfunctional. "The court sought a list of those in government who use X but the list is not presented," he added.
CJ Aalia Neelum remarked that Attorney-General for Pakistan (AGP) Mansoor Awan should come prepared to the court on April 17 and shed light on all the legal aspects of X ban.
In his plea filed through Siddique, the petitionerjournalist Hafiz Shakir Mahmoodcontended that according to the World Population Review (WPR), Pakistan was ranked 198th globally in internet speed. This placed Pakistan below countries such as Palestine, Bhutan, Ghana, Iraq, Iran, Lebanon, and Libya.
The petitioner stated that this ranking is a significant indicator of the country's digital infrastructure and its ability to support modern communication needs. The low ranking reflects the challenges faced by Pakistani citizens in accessing reliable and fast internet services, which are essential for various aspects of daily life, including education, business, and social interactions.
He argued that the executive failed to perform its duty under Article(s) 9, 29 and 38 of the Constitution. "In such an event, courts would have rightly referred to the well-informed opinion of the government, keeping in view the constitutionally defined separation of powers between organs of the state."
He said fundamental rights of the people and also the duties of the executive organ of the state under Article(s) 29 and 38 (a) of the Constitution have been breached and requested the court to direct the relevant authorities to take immediate and effective measures to enhance the internet speed.
This, he said, includes upgrading the existing digital infrastructure, investing in new technologies such as 5G and fiber-optic networks, and ensuring that internet service providers deliver speeds that meet global standards. "The improvement of internet speed is essential to support the fundamental rights of the citizens, including access to information, education, and economic opportunities."
He also requested the court to pass an order for lifting a ban on VPNs in Pakistan. VPNs are crucial for ensuring online privacy and security, especially in a digital age where data breaches and cyber threats are prevalent. The unrestricted use of VPNs will enable citizens to protect their personal information and maintain their digital privacy.
He further requested the court to pass direction for the restoration of access to X and other social media platforms that have been banned.
"Social media platforms are vital for free expression, communication, and the dissemination of information. The ban on these platforms infringes upon the citizens' right to freedom of speech and hampers their ability to engage in public discourse," he added.
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