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Freedom of Speech/Expression and Right to Information; Arguments before Lahore High Court

By Yasser Latif Hamdani

This morning my writ petition was heard by His Lordship Umar Ata Bandial J of the Lahore High Court, pertaining to the arbitrary block on Blackberry Browsing Services in Pakistan.  I am reproducing my arguments on Article 19 and Article 19-A of the Constitution of 1973. If I am successful, this will hopefully lay down the law pertaining to the freedom of speech and expression in Pakistan.

   In the Honourable Lahore High Court at Lahore

    Yasser Latif Hamdani v. PTA and one other

______________________________________________________________________

Writ Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973

______________________________________________________________________

 

ARGUMENTS

 

RESPECTFULLY SUBMITTED:

 

  1. Article 19 of the Constitution of the Islamic Republic of Pakistan, 1973, reads :

Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, commission of or incitement to an offence.

Submission:

  1. Possible restrictions on freedom of speech, constitutional or unconstitutional, may be divided into two categories : 
  1. Restraints on freedom of speech and expression prior to an exercise of the same.
  2. Restraints on freedom of speech and expression after the exercise of the same.

The narrowest view of freedom of speech and expression is that of William Blackstone. In his commentaries on freedom of expression, Sir William Blackstone took the view that the terms freedom of speech, expression and press were aimed at liberating the individual from fetters of the first kind. In chapter XI of his famed Commentaries on laws of England, Sir William lays down his view:

In this and the other instances which ore have lately considered, where blasphemous, immoral, treasonable, schismatical, seditious, or scandalous libels are punished by the English law, some with a greater, other with a less, degree of severity; the liberty of the press, properly understood, is by no means infringed or violated. The liberty of the press is indeed essential to the nature of a free state; but this consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matter when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public; to forbid this, is to destroy the freedom of the press; but if he publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity. To subject the press to the restrictive power of a licenser, as was formerly done, both before and since the revolution, is to subject all freedom of sentiment to the prejudices of one man, and make him the arbitrary and infallible judge of all controverted points in learning, religion, and government. But to punish (as the law does at present any dangerous or offensive writings, which, when published, shall on a fair and impartial trial be adjudged of a pernicious tendency, is necessary for the preservation of peace and good order, of government and religion, the only solid foundations of civil liberty. Thus the will of individuals is still left free; the abuse only that free-will is the object of legal punishment. Neither is any restraint hereby laid upon freedom of thought or enquiry: liberty of private sentiment is still left; the disseminating, or making public, of bad sentiments, destructive of the ends of society, is the crime which society corrects. A man (says a fine writer on this subject) may be allowed to keep poisons in his closet, but not publicly to vend them as cordials. And to this we may add, that the only plausible argument heretofore used for the restraining the just freedom of the press, “that it was necessary to prevent the daily abuse of it,” will entirely lose its force, when it is shown (by a seasonable exertion of the laws) that the press cannot be abused to any bad purpose without incurring a suitable punishment: whereas it never can be used to any good one, when under the control of an inspector. So true it will be found, that to censure the licentiousness, is to maintain the liberty, of the press.

 

This it is submitted is the irreducible minimum for free speech in English legal tradition which we also follow. My first submission is therefore this:  Any law that provides fetters prior to exercise of free speech is itself in violation of the very notion of the freedom of speech and expression and that the reasonable restrictions that have been allowed by Article 19 of the Constitution of the Islamic Republic of Pakistan, 1973 are fetters that exist in criminal exercise of free speech and for that the basic element would be the mens rea for committing a crime under Pakistani law i.e. such as uttering or recording blasphemous or seditious speech. A blanket ban on the usage of a device or a tool therefore is patently unconstitutional as it falls under category a defined above.

 

  1. Without prejudice to my first submission, even if we were to argue that the Constitution envisages fetters on free speech prior to the act of free speech or expression, though it would defeat the very essence of the fundamental right contained in Article 19 and impute redundancy to it,  it may well be stated that any such fetter has to be a. positive law which is b. legislated by the legislature competent under the constitution. To this end the burden is on Pakistan Telecommunications Authority to show how or why it was empowered to ban blackberry internet browsing services, after the Honourable Lahore High Court’s ban on Facebook expired on 31 May 2010. My second submission is that there is nothing in positive law that empowers the Pakistan Telecommunications Authority to block or ban blackberry internet browsing services in Pakistan and any such ban militates against Article 19 of the Constitution.

 

  1. Article 19-A of the Constitution supra reads:

“Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.”

Submission:

Article 19-A makes the right to access of information pertaining to a public authority a fundamental right. Justice Syed Mansoor Ali Shah in his landmark judgment Ataullah Malik v. Federation of Pakistan[1] laid down the following:

“Right to information is another corrective tool which allows public access to the working and decision making of the public authorities. It opens the working of public administration to public scrutiny. This necessitates transparent and structured exercise of discretion by the public functionaries. Article 19-A empowers the civil society of this country to seek information from public institutions and hold them answerable.[2]

 

I rely on the aforementioned judgment to seek the notification, order or some such circular by which Pakistan Telecommunications Authority has blocked blackberry internet browsing services.

 

 

The petitioner therefore prays

  • That this Hon’able Court may be pleased to direct the respondents to produce the order under which the Blackberry internet browsing services are currently inoperative.

 

  • That this Hon’able Court may be pleased to issue an order or direction under Article 199 of the Constitution of Pakistan against the respondents instructing them to resume blackberry services with immediate effect and to pay the petitioner costs of the petition.

                                                                                 Petitioner in Person

 

 

 



[1] PLD 2010 Lahore 605

[2] Ibid Page 617

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37 Responses to "Freedom of Speech/Expression and Right to Information; Arguments before Lahore High Court"

  1. AllahkaBanda Pakistan Mozilla Firefox Windows says:

    wtf!! HOW DOES THIS WRIT BENEFIT THE POOR MASSES WHO DON’T EVEN HAVE CLEAN WATER TO DRINK??
    tHIS IS JUST A PLOY TO SEEK LUXURY FOR THE LUXURIOUS ELITE!!

  2. CroreCommander United States Google Chrome Windows says:

    YLH,
    For my brothers in our “super patriots” kabal, constitution is just a piece of paper. Please, save trees and stop wasting paper.
    YLH, please stick with MA Jinnah the superman fiction narrative.

  3. Albacore India Safari iPad says:

    Good effort!

  4. Kamath Canada Internet Explorer Windows says:

    “freedom-of-speechexpression-and-right-to-information-” is essential for the higher good of any civillized society.

    So I wish you the best of luck YLH.

  5. hiob Germany Internet Explorer Windows says:

    Freedom of speech or expression or right to information is not allowed and is not possible under islam. Islam (=submission) only permits the glorification and praise of islam and its imperialists and most ruthless leaders (incl. M.). Anything even slightly contrary to this and it will be vilified or silenced ruthlessly in the name of “piety” (public show of piety) and reserving a place in the arab god’s heaven after death. This is proved over 1400 years and will remain so.

  6. hiob Germany Internet Explorer Windows says:

    Even if ylh wins it will be only on paper. In reality it will be the same old story of repression and foolishness in the name of the arab religion. No one under islam dares be honest and courageous for truth and justice in reality. A few >show-liberals< may talk and pretend, but only the ruthless fascist muslims will hold sway.

  7. kaalchakra United States Internet Explorer Windows says:

    Good move.

    ——————

    Hiob

    You either go overboard in your statements or don’t understand Islam fully.

  8. Freedom of expression sustains/involves/encourages/upholds FREEDOM of expression at all legitimate levels and any striVing in that direction is commendable as well as laudable.

    Per, In and under Islam, the highest jihad is not killing wantonly (or sectarianly) nor sexually-abusing the vulnerable (as numerous mullahs preach and practice but rather “SPEAKING UP BEFORE POWERS THAT BE” and that speaking up should not be hindered/ interrupted/ suspended involving any means of communications, including Blackberrys.

    The efforts of Advocate High Court Mr. Yazdani vs-a-vis Blackberrys are, therefore, worthy whether or not these prove to be worthwhile.

    Since our bureaucRATic and the Other Establishment fell on its disgraceful face in Dacca 1971, things went from bad to WWOORRSSEE (double your Leisure, Double your GHUM!!).

    Last two decades take the caKKKe and are enjoying it. For a straw example Nawaz SharrREEF chirps nobnstop about transparency, accountability, foreign bank accounts and meritality .. but do you know that his one flagship, ITTEFAQ FOUNDRIES , owing banks over 20 Billion Rupees (since circa 1992, including nominal markup) … not a penny has been realized by the Banks in 20 years. After its manufactured- bankruptcy the ill-famed Foundries were thoroughly stripped in connivance with the custodians; the entire GoreMINT watched like sitting (I did not say, shiting) Ducks. Besides, no judge could or would dare to speak up, those were pre-New National Judicial Policy Days (and La Dolce Vita nights and sighs – - out of sight).I hope that now some real, honest-to-goodness change is on the anvil.

    I respectfully reminded concerning that sort of Rabid Exploitation (and Tricks of the Trade to do the Dictated Needful) in disguised/perverted terms of ‘Procedure’) to the Rt. Hon; Lord Justice Bandial yesterday in regard to my Writ about illegal appointment of, Plunder by and ECL-ing Haqqani (Writ is Iftikhar RAJPOOOT versus HAQQANI, heard in chambers on Nov 28 at 2.30 pm because of the Hartall Protesting the Smug Nato Murdering Within Pakistan which were coyly attributed to ‘Non-intendedness’) .. that double standards and Goods (not good!) Governance in Pakistan must be courageously rectified rather than mlounting a jihad for finding excuses on the dotted line in stead of The Rightreous Path (Sarate Mustaqueeeeeeem!)(.

    By the way Her Excellency Sherry Rahman received a Payola of some 3 Crores of the National Till from Gill on the Hill, I would like to know if her Jinnah Institute has done or accomplished anything worthwhile with that Largese thus far.

    Unprecedented Corruption and Worst-Possible Government in Pakistan should NOT be confused with Islam.

    It appears to me that our Establishment may have hired Hiob to divert our attentions and misdirect our creaticve energies towards nonissues.

  9. lady Guinevere United States Mozilla Firefox Windows says:

    PARIS BIENNIAL LAUREATE IQBAL GEOFFREY OF BRIGHTON AND PACIFIC PALISADES AND SUMMASATTA Pakistan Internet Explorer Windows says:
    November 23, 2011 at 3:45 pm

    Our dearest Lady Guinevere,

    We reciprocate your love with the ‘tres bon cordialements’ and bonus addendum that our Love is neither anonymous, nor mundane.
    - THE SYYED MOHUMMED JAWAID IQBAL GEOFFREY ++ SYED FARZAWNA NAQVI (BEGUM JAFREE)

  10. lady Guinevere United States Mozilla Firefox Windows says:

    Yes, it would seem that freedom of expression when “spoken”, is caught in the wind and whisked away but when it is written down it tends to hang around. It is the same rule with cameras. Be sure you are the only one in the photo or the one taking the picture!

    Lady Guinevere

  11. lady Guinevere United States Mozilla Firefox Windows says:

    He was not only blind but was as deaf as a toad!

    Lady Guinevere

  12. lADY Guinewere:

    I am typing this the third time, i press the wrong button, text disappears into thin air.

    Were you present in absentia yesterdsay in the chasmbers of Senior Lahore Higgh Court Justice Omer Atta Bandial when I delivered my values added lecture on GOODS governance versus Love?

    Today, by chance I heard that great person Steve (APPLE) commencement address at the Stanford University. He beseeched, do your thing and follow your think. Plan each day == death is the best invention of life = = as if its going to be your last. Last but not the least, stay hungry and stay foolish.I can practice only one or the other, so i stay foolish.

    nexT?

    Today, ought of the blue, my favourite cousin (Chief Auditing Czar of a major international bank) sent me a charming SMS, it narrates a romantic story that a beautiful witch (oozing with generosity) approached a middle aged couple promising that their wish, one each, shall be fulfilled. The lady said she pines to visit Florida (presto, Two first class airtickets by Qatar Airways emerged instaniously, i.e., foerun!!). Then, She turned to the husband who sighed he wants a wife who is fifty years younger than him.

    The witch twitched and waved her magic wand and behold! The bloke turned 82.

    My cousin condescendingly added : {“q.k. CHURAIL bhi female hoti hy!”.

    ====================================================================

    CONCLUSION:

    Iqbal Geoffrey never studied at Harvard. Does Not have IQ of 430. And Who’s Who in the America has never listed him (much less two full 6pt. columns).

    All this and morover,
    Lady Guinevere,
    I don’t know how to Write English.
    What I rite makes no sense and exhibits no meanings.
    I ask the Justices of the Lahore High Court frequently:
    should I emigrate?

  13. lady Guinevere United States Mozilla Firefox Windows says:

    Sir Geoffrey, you once told me that sometimes it is not what you say, but how you say it that makes a world of difference. I once said something to you that was meant as a joke, but it was in very bad taste and you took it as so and personally. You had every right to and I have learned my lesson from that. Life is supposed to be about “learning lessons” as we age. Therefore, I was trying to remind you not to say things, especially “Write Things”, unless you mean them, and this of course is very serious in matters of the heart! I was very serious in what I said which caused your response. I was holding you to it. They were not words to be “caught in the wind”. There is a song, “Love Hurts”. I would remind everyone that you cannot know pleasure unless you know pain otherwise how could/would you be able to make a comparison? True love never runs a smooth course otherwise it is not true love because all human beings are so different that they must have conflict in trying to get along. Most marriages fail because the two parties do not try hard enough to resolve the conflicts. Sometimes these conflicts are almost unbearable but the strength of the love between the two people will either make or break the relationship. I believe in one caveat when it comes to true love and that is, “The measure of love is what you are willing to give up for it”. I asked a friend of mine recently what she would say made her 40 plus year marriage successful and her reply was, “each person has to give 75%”. All I know is that I am a giver not a taker and that is my failing. Somewhere along the line, and I have admitted it here before, I am in my 60′s, I have not learned yet that I have to “ask” for myself at some point to be put first. Maybe someday I will find that person who is willing to do that; or not!

    Lady Guinevere

  14. LADY GUINEVERE,

    I must concede magnanimously that you type (and typecast); and time think much better than I can (ideas).

    Having said that I ask that you read twice what I wrote. For example, I “can” has several levels and many meanings … including a can of fruit, or containment or ‘ore’ (like ‘iron ore’); add more.

    I do not say what I am unable to write down. That has run in the family since last 9000 years. Exceptions (i.e. bad apples) proving the rule.

    I hope you will come to Pakistan for the Opening of my Art Showing at THE Lahore Art Museum, Jan 16, 2012 at 4 pm, inshallah. The Grate Show runs for three months.

    These days I am not at my best being very upset at ‘In’ justice, injustice , ‘In’ difference and HyperHypocrisy permeating my Motherland. More so because my options are not all that limited even at 72. 7+2 = 9 (destiny)… 9+2= 11 :: 1+1=2. That is numberology,magnificent science, in which my forefather Imam Jaffer Sadiq excelled and is the epitome, the ultimate.

    THANK YOU.
    =====================================================================
    Recently, I caught a Rs 500000 MILLION fraud involving importing of LNG into Port Qasim at OGRA (whose Chairman was shunted out because of fake LLM degree and huge frauds by august directions of the Supreme Court. He is I am told, related by marriage to Badar of Bhatti Gate, now also of Dubai dubiosity).

    My writ Jafree v. Ogra and 8 others (=9) was admitted yesterday, WP 26873/2011, respondents caught redhanded, are commanded by the HonLHC to file answers with AFFIDAVITS (roadmap to galvanizing their perjury and sedition harvesting) … and from Karachi to Khyber no decent or ethical lawyer wants to advocate their cause). I thank the great (junior) Barrister Aihtraz Ahson for refusing to be the lead lawyer of the rabid crooKKKs. Their news is weak and it leaks (Raza Rumi Sahib , how is that slogan plugged by a Kamoki Mandi alumnus?)

    Money does not impress or talk to me including all good people whether they own a Blackberry or not. I am the only Paris Biennial Laureate left alive in Asia. I guess that Mr Hamdani who is Additional Home Secretary of the Government of the Punjab feels proud of me and metaphysically joins me against matem of Mega-Mediocrity every day at least during the tearshed month of Moharram.

    It runs in the family to resist and desist the wrongfulness! There have been occasional lapses though.
    ======================================================================
    Think about that. And, please! sleep well.

  15. basharat ahmad Germany Internet Explorer Windows says:

    The fetters on the provisions of Article 19 of the constitution have provided unlimited discretion to the judges to accept or deny the petitions almost at will. Whether the blockage of Black berry browse services is an act violative of basic human rights can easily be controverted, beacause the blockage appears to have been enforced for the time being, considering economic environment in Pakistan it does not come within the purview of basic rights rather it is a luxry available only to well to do people, and also because so many alternate means of expression are available to the petitioner.Right to browse on internet may be a basic right in the countries where 100% people have access to internet but not in Pakistan where almost 70 per cent population cannot afford this facility. There are many rights which are really basic that are being denied to weak segments of our society and there is not much furore for such violations.

  16. lady Guinevere United States Mozilla Firefox Windows says:

    The following is an excerpt from a Prophecy written on Valentine’s Day, 2010 by Lady Guinevere titled, “A Thousand Suns”.

    “I smell your warm skin as you come closer and your eyes soften as you whisper, “come be with me”.
    In the still of the night I wake with ancient terror gripping my heart and I hold my breath not daring to move; then I hear you breathe in your deepest of sleep. I gently touch your hair, now shot with silver and my heart beats so hard that I am afraid that I will wake you.
    I slip my arm over you and you stir and take my hand in yours. Your hand squeezes mine gently and you fall back into your deep sleep and as I feel the coolness of the gold wedding band you accepted from me it quiets my fears and with tears of joy my heart slows its beat. There will be no more Caravans and our time here on Earth will be short, but our love will last forever under a thousand suns.”

    “I am all that hath been, and shall be, and my veil no mortal has hitherto raised”; from the tomb of Isis

    I shall sleep well tonight Sir Geoffrey as I do every night for I am never alone.

    Lady Guinevere

  17. Lady Guinevere:
    You should write concrete poetry at multiple levels of unawareness.

    We used to have a king of pun’job .. one-eyed Ranjit Singh, he once dictated:
    All innovation must be implemented.

    B less you.
    Less is MORE.

  18. lady Guinevere United States Mozilla Firefox Windows says:

    Sir Geoffrey! You and I are “creative” on two different planes. Ying and Yang. I, a woman always write more romantic and close to the heart. You, being the proverbial male, and denial of this fact won’t get you anywhere, will never be able to express your inner most thoughts directly for fear of being “outed”, as most males fear, of their softer romantic side. It is a fact that males actually are more romantic than females but forevermore hold in these feelings causing much heartache for themselves and their loved onces. Oh well, evolution marches on, slowly, oh so slowly! So thank you very much for your advice but I shall continue to be myself, my most romantic self and express myself as such. It is too bad you haven’t read the rest of the prophecy as it has been interpreted on 5 levels. One of them is actually the history of monotheism. The whole prophecy/poem is very allegorical and is very open to interpretation. In fact, I would like to publish it right here on PTH and let the readers judge for themselves just what it means. I once told you that when we “seek each other, we are really seeking God”, for we are all part of the one. I think you might find that the Poem/Prophecy comes very close to that. I shall send a copy to Raza today for his perusal for publication. Is is heavily influenced by Isis!

    Lady Guinevere

  19. basharat ahmad Germany Internet Explorer Windows says:

    It had been consisted legal view that the writ jurisdiction of high courts, under Article 199, can only be invoked if any of the fundamental rights of the petitioner, contained in part II, (Articles 8 to 28 ) have been violated and all the remedies available under ordinary law have been exhausted. It appears that the petitioner has straight way approached the High Court under its jurisdiction under Article 199, therfore in my humble opinion, the petitioner is not entitled to seek remedy under extra ordinary jurisdiction of the High Court.
    Here I must admit that Mr Yasser Latif Hamdani is my faourit writer, he is one of a few writers in Pakistan whome I read with utmost respect and interest.
    He is prolific writer against extremism and violations of human rights in Pakistan, a task which requires extra ordinary courage in the prevailing circumstanes. I feel myself obliged to salute his deication and selfless efforts towards this noble task.

  20. LADY GUINEVERE,

    1. All writing is allegorical to the extent that it only expresses not what you feel or want to share but only what you may express which in turn does not equal its transmission or actualization/ realization.

    2-B. What is the virtuous (not virtual) progress on your painting of Princess Alexandra from 1960′s which task I had designated and delegated/assigned last month.

    2=A. Raza Rumi, MSc (London School of Economics), to be fair, should publish you in The Friday Times too. Both PTH and TFT have limited but cute circulation. There are practical constraints and pressure conundrums that interject and intervene. His Editor at TFT (Najam Sethi) had authorized him to publish my cutting_edge Writs in TFT which he has been unable to fulfill for last nine months.
    3. Recent Writs I sent him concerned The Haqqani Hickups; and ontheanvil Rs 50000 MILLIONS fraud regarding two LNG import scams involving Port Qasim and some 20 Million people of Greater Karachi (Jafree v. OGRA and 8 Others, Lahore Hi Ct Writ Petition No. 26873/2011 in which the High Court has ordered respondents to file Answers supoported by Affidavits (which will expose them to perjury and obstruction of justice sanctions if they dare becoming untruthful or wickedly wishy-washy). Tricks of the trade do not repeat wonderments.

    6. Accelerating short-cuts or deviant puggdandiis are not the Righteous Path/Route/Way/Mode (i.e., Sarate Musttaqueem). Maybe RR should also start writing for the Newsweek, Pakistan Edition.
    Then on to CNN Urdu Edition on WAPPAS KEY BAAT…

  21. YLH Pakistan Internet Explorer Windows says:

    Basharat sb, your humble view is incorrect. Fundamental rights contained in Article 19, 23, 24 and 25 have been violated.

    Furthermore… maintainability has already been accepted by his lordship.

    I am surprised that you feel fundamental rights such as freedom of speech, expression and equality before law …not to mention right to property … cannot be enforced in writ jurisdiction.

    This above are the arguments only. The petition itself is a longer document.

  22. YLH Pakistan Internet Explorer Windows says:

    And you have also not conceived the difference between fetters prior and fetters after the fact.

    Furthermore… your argument that it cannot be a fundamental right because 70 percent people don’t use internet is just so off the legal scheme. It is not even worth responding to.

    I suggest you read up more on what fundamental rights mean.

  23. YLH Pakistan Internet Explorer Windows says:

    1. HUMAN RIGHTS COMMISSION OF PAKISTAN v. GOVERNMENT OF PAKISTAN and others
    Citation: P L D 2009 Supreme Court 507 (Before Zia Perwez, Sahihuddin Ahmed and Sarmad Jalal Osmany, JJ)
    At the end of Para 33 on Page 528:
    “…it was held that though some of the fundamental rights imposed negative obligation on the part of the state not to encroach upon individual’s liberty etc., there were others, which were positively enforceable against the whole world. We are therefore clearly of the view that’ the High Court has plenary powers to positively enforce fundamental rights not merely against public authorities but even private parties. Accordingly direction for positive enforcement of fundamental rights against private parties could only be given by the High Court in respect of rights guaranteed, inter alia, by Articles 11, 22 etc. which might in most cases require enforcement against such parties.”
    2. THE STATE and others v. DIRECTOR-GENERAL, FIA and others
    Citation: P L D 2010 Lahore 23 (Before Khawaja Muhammad Sharif, C.J., and Ijaz Ahmad Chaudhry, J)
    At Para 6 on Page 28:
    (about Article 199 c)…This clause does not restrict the jurisdiction to the extent of Government functionaries but extends it to any person or authority
    At the end of Para 6 on Page 29:
    …Since the very object of the public interest litigation is to ensure public interest and protection of legal or constitutional right of disadvantaged and oppressed groups of individuals and to render social and economic justice to them there cannot be any reason why in a fit and proper case the Court would hesitate to entertain a public interest action against any non-governmental institution or any person invested with statutory or public duties or public obligations, when their omission or commission affects the rights of disadvantaged groups or individuals who do not find any way for vindication of their grievance.
    At the end of Para 7 on Page 29:
    …We, therefore, overrule that the objection of the learned counsel that this Court in exercise of Constitutional Jurisdiction cannot look into the grievances of the affectees of Zarco Exchange Company and pass any direction for safeguarding and securing the interest of the affectees.
    3. Peoples Union for Democratic Rights v. Union of India
    Citation: AIR 1982 SC 1473 (before Bhagwati, J and Islam, J)
    At Para 12 on Page 1485:
    Now many of the fundamental rights enacted in Part III operate as limitations on the power of the State and impose negative obligations on the State not to encroach on individual liberty and they are enforceable only against the State. But there are certain fundamental rights conferred by the Constitution which are enforceable against the whole world and they are to be found inter alia in Articles 17, 23 and 24
    (Article 17 is the Abolition of untouchability, Article 23 is Prohibition of traffic in human beings and forced labour, Article 24 is Prohibition of employment of children in factories etc)

  24. lady Guinevere United States Mozilla Firefox Windows says:

    Sir Geoffrey; it would seem that it is you and not Raza who is in charge of what is published here at PTH! So, what gives? Whis is in charge? Who is the real publisher? From your last stateent you seem to be saying that Raza cannot publish what I have sent to him. Care to explain your authority on this matter?

    Lady Guinevere

  25. Beloved, LADY GUINEVERE:

    Very smart and appropriate that you changed the subject. Retain that flow, s.v.p.

    No (believe-it-or-Nuts!) I did not mean that RR is not in charge. I merely acknowledged that you write so well that being willy-nilly the powerful contributing-editor of The Friday Times, Raza Rumi, MSc (London School of Economics) should publish your stuff also in The Friday Times.

    What is the name of the original (and still most popular) chewing gum of the United States of America which used to sloganeer: “Double Your Please + Double Your Fun!(??)”.

    Penultimately you query (benevolence which is irresistable) that I explain my ‘authority’. That reminds me of my devoted fan Marcel Duchamp who decreed nisi THAT ‘there is know question so there is (k)no(w) answer’.

    In order to cheer you up, I sip sympathy instead of tea. I am grateful that I was not born in Jhang or as a Munda-Sialkotiya.

    Guinevere, I am no authority. I am just a born vakeel, mussawere and thorough syyed by the grace of God and I remain that way,
    Deo volente.

  26. Lady Guinevere United States Mozilla Firefox Windows says:

    Sir Geoffrey! Touche! Touche! As always, I must acquiesce! Speaking of matters of employment I understand that you are looking for a secretary who can type. Does this require that the person you hire work directly under you? I am currently looking for “gainful” employment and this of course would be important to me regarding my duties etc. Please spell out specifically your requirements.

    Lady Guinevere

  27. Lady Guinevere United States Mozilla Firefox Windows says:

    Sir Geoffrey my love; I haven’t started the portrait of Princess Alexandra yet for I am much too busy working on yours! You see, as a portrait artist as I happen to be, let me assure you that you must first study your subject intensely both “viewing” and the inner personality to really capture the essence of the subject to be painted, otherwise the portrait will be flat with no personality! Capturing your essence is quite challenging to say the least!

    Lady Guinevere

  28. Lady Guinevere,

    what happened to the huge fortune you disclosed that you had inherited from your from your loving auntie. My memory is bad but not that forgetful.

    All I can serve for my Private Secretary is Flogers Coffee or Specially Grown-in-Nepal-for-Geoffrey
    Tea WITH Godiya chocolates BUTT (being not a nut from Amritsir)’
    72-hours-a-week sioliod good work .. i mean
    hardwork. Never on Sunday. Two other holidays during the calendar year … Eid ul Fittr (not Eid-uzzZaha) and 10th of Muharram.

    Churchill once beseeched.Itake up writing poetry; that law or aesthetics is worse for me. Sir Winston Churchill was quite right

    Hi, Guinevere .. let me change the subject and ask respectfully:
    did you read about Veena MaLICK today over the media or in PTH.
    ???????????????????????????????????????????????????????????????????
    ????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????

  29. lady Guinevere United States Mozilla Firefox Windows says:

    Sir Geoffrey: i do hope you are not one of those “fortune hunters”! Being of a “certain age”, I have set up a trust fund for that money to my beloved granddaughter Ameneh and am drawing only a small stipend from it along with my S.S. and alimony for my living expenses. I do have all of those horses to care for you know! The trust fund was to save her from the awful inheritance tax we have here in the U.S. Therefore a “position” working under you would be quite nice at this point!

    Yes, I have seen and commented on the article about Zeena. That woman is so gorgeous!

    Lady Guinevere

  30. Deerest Guinever:

    No. I am not. I am just nuts!! I realize I am a better vakil, more REAL (advocate/lawyer) at Discovery than I project. When the trust fund, your alimony + extra et ceteras are sufficient for your needs why get into 99 ka chucker. Your evasion (not of taxes) has won you the newfond title: Deerest. No typo. What else is new? I guess if you want to work for me, there will be no salary and perquisites.

    This Zeena Bibi where could i find her bibliography? Can you e-mail it to me.. pihrights@gmail.com.

    On 2nd December I wrote a CPC Section 151 Memo as officer of the Court (my writ Rajpoooot versus HGaqqani and Others) to Justice Omer Atta Bandial Sahib respecxtfully asking him that i pray (did I type prey?) he realizes with avantgarde hindsight that the LHC should have granted my request that Hussain Haqqani should be called to court in person (so that the Honourable Court could notice his behaviour and body language) and they ordered subjected to Lie Detection Tests, that simple course would have averted the mess that we have been dragged into; and that patronage-produced innately-incompetent Law Officers should not be given another opportunity to waste time and nation. Two fuddy-duddy deputy attorneys-general appeared on 29th in chambers and said that Nargis Sethi Bibi had nothing to do with the Haqqani Happenings. I guess I have been proven. I also put in record why I declined elevation to Pakistan Supreme Court in 1980 and am thankful to God that I had the vision and the wherewithal to do so.
    =====================================================================

    PS: You see I perform my Farze Kaffaya and my responsibilities very conscientiously. You should read me Two and Half times, to go down in history and thus also earn some significant swaab, inshawLAW.
    Must sign off as my son wants to borrow my EVO internet thing. Cheers!

  31. lady Guinevere United States Mozilla Firefox Windows says:

    Sir Geoffrey! Apparently you do not READ what I write! I said that a “position working directly under you” would be sufficient pay for my services as your typist! I am very particular for whom I work as I do not need the money, only a “position” worthy of my talents. As far as the coffee goes, no thank you for your Folgers. I get my coffee directly from a coffee plantation in Kona, Hawaii and it is roasted only for me and 9 other clients by the owner’s wife Kimmie. He sells his beans, all green, by the thousands of pounds mostly to Japan. I drink nothing but this special “roast” and will go without if I do not have it. I grind these specially roasted beans every morning for my brew. In fact, a friend of mine says it is so strong the way I make it that it could pass for the brew served in the field camp of any decent Army!

    Lady Guinevere

  32. lady Guinevere United States Mozilla Firefox Windows says:

    My Dear Sir Geoffrey! Alas, I must bid you farwell! I have found employment elsewhere but I wish to leave you with a parting of great significance from the Poem that I wrote, “A Thousand Suns”. I do hope you find it in the spirit in which it is meant.

    “Under a moonless sky strewn with millions of diamonds you come to me: two hearts beat as one as your love is so deep inside of me. Please don’t go; linger in my arms until the dawn breaks. My true love sleeps and I touch his soft hair and smell his scent. When I awake he is gone. The Caravan moves on, the shifting sands erase our time, the stars shine brightly in the cold dark desert sky and little bells tinkle as new Angels are born as we cross over into the light of a thousand suns.”

    http://www.youtube.com/artist/Diana_Krall?feature=watch_video_title

    Lady Guinevere

  33. Insofara$ love is a personnel concern … I agree hole-heartedly, sow: GOOD BUY!!

    ======================================================================

    incidentally, i do read helluva lot. inm the above teXt there are no mispellings. Ask your daughter to em to me your renderings of Iqbal Geoffrey. Princess Alexandra .. or are you now tpoo busy making coffee at your Off ice.

  34. Farrukh Muhammad Taufiq Pakistan Safari  Android 2.3.3 HTC_DesireHD_A9191 Build/GRI40 says:

    A commendable effort. I fought the same war last year, but lost. PTA is stubborn, shameless and least concerned about what happens to the consumers who shell out their hard earned buck only to get sub par, half baked services in return. I created a group called Restore BlackBerry Internet Service in Pakistan and also penned a letter to the editor that was published in Express Tribune. Also wrote to Lahore High Court, but in vain. I then relinquished all efforts as I saw it a futile exercise, that have eventually started to take its toll on my precious time. And since there was not even a single response or reply from either PTA or LHC, I determined that even the so called rejuvenated and freed law in Pakistan does not even give a horse crap about anything, until and unless it has its own stake in it or its own interest is in jeopardy. As for PTA, I think it is a joke of a regulator. In fact, I can’t find a single thing that PTA has done right all these years. So good luck bro. You’ll need it. Although I seriously doubt that we would see the desired outcome. I would conclude by saying that there is simply no breather for an ordinary citizen in Pakistan and even the so called independent judiciary has a long, long way to go before it is able to offer an ordinary man any reprieve.

  35. There is no readymade cake that one might eat and may simaltaneously KKKeep (except for the time being for Gill on Hill and his Muzafargarhvi BV Lnumber Won). Everyone’s time is precious. Throwing arms (or other parts of the body) in the air (especioally our indigenously-polluted air) solves nothing. Zulm (terror and inequityies) having reached its epitome, changE is on the anvil, but in the meanwhile do not, Taufiq Sahib, sit back and enjoy it.

  36. simultaneously / especially / indigenously-polluted climate / inequities/ meanwhile,

    The aforesaid only shows, were evidential proofs necessary, that i can spell well when i don’t want to s;p;i;l;l or slip.

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