Hindrance to freedom of speech
ARTICLE 19 of the Constitution of Pakistan 1973, provides the concept of freedom of speech.
Freedom of speech comes from the very heart of a natural right of a civilized society to impart and acquire information about their common interests, it helps an individual in self accomplishment and leads to discovery of truth, it strengthens and enlarges the capacity of an individual to participate in decision making as well as provides a mechanism to facilitate achieving a reasonable balance between stability and social change.
Such freedom is the foundation of a democracy and the concept of free government of a free people.
Any attempt to impede, stifle or contravene such right would certainly fall foul of the freedom guaranteed under Article19 of the Constitution of Pakistan.
Constitution of Pakistan, though secured the right to free speech, but had not left the same unchecked, and had already provided for reasonable restriction as postulated under Article 19 of the Constitution.
State has a compelling interest in regulating the right to speech when it comes in conflict with the rights of other individuals, or in national interests.
However such restrictions must be reasonable and must not be contrary to the Constitution of Pakistan.
The current Government must understand that no one could be forced to listen or watch that he/she may not like to, and one could not be invaded with unsolicited interruptions while watching or listening to something of interest.
In a civilized and democratic society, restrictions and duties co-existed in order to protect and preserve the right to speech.
Unless the restrictions struck a proper balance between the freedom of expression guaranteed by Article 19 of the Constitution and the social control permitted thereby, it must be held to lack the attributes of reasonableness.
The Government should therefore strike a just and reasonable balance between the need for ensuring the people’s right of freedom of speech and protecting national interests.
Fundamental rights have been placed in the Constitution not merely to protect acts, conduct and views that one may approve of but also, and especially, to protect views with which one may disagree or which even find unpleasant or unacceptable.
Cluster of freedoms under the Constitution of Pakistan, emboldened such constitutional promise and freedom of movement, speech, assembly, association and information enjoyed a unique symbiotic relationship which nurtured democracy and strengthened political institutions, clearly the democracy cannot survive without freedom of speech and freedom of expression.
Freedom of expression, being a natural fundamental right, could not be suppressed unless the same was being exploited.
The recent amendments clearly lack the elements of reasonableness and undoubtedly contrary to Article 19 of the Constitution of Pakistan.
Also, the recent unlawful acts by the Federal Investigation Agency (FIA) certainly amounts to a gross abuse of power that must be brought to an end with a clear and categorical commitment by the government that the actions will not be repeated.
—The writer is a laywer, based in Karachi.
