LAHORE: The Lahore High Court (LHC) Friday expressed displeasure over the state counsel’s non-seriousness and ‘lack of knowledge’ on the nationwide internet service disruptions for weeks.
Justice Ahmad of the LHC took up a petition, seeking immediate restoration of internet access across the country, filed by a citizen Noman Sarwar against the “nationwide internet shutdown”. The federal government, Pakistan Telecommunication Authority (PTA) and other entities were nominated as respondents in the case. The court directed the state counsel to take instructions from the relevant authorities and appear before the court on Saturday (today).
At the outset of the hearing, the federal government’s prosecutor Rana Noman sought time from the court to present a detailed report on internet disruption. Taking the public official to task for his response, Justice Ahmed remarked that it was a matter of public interest and the prosecutor’s “seriousness” was reflected through his “lack of knowledge”. Later, the court reserved its verdict, with the LHC judge saying that the court would issue appropriate orders as the internet disruptions were a matter of public interest.
According to the petition, the internet and social media applications were shut down in the country without the authorities giving any notice or reason. “Businesses and every sphere of life are being affected because of the internet’s closure. Shutting down the internet is also a violation of fundamental rights,” the plea said. The plea also demanded revocation of the federal government’s “decision” to shut down the internet.
Separately, senior journalist Hamid Mir filed a petition in the Islamabad High Court (IHC) through lawyer Iman Mazari, challenging the installation of an internet firewall. The petitioner appealed to the court to stop the installation of the firewall which, he argued infringed on citizens’ fundamental rights, and to declare internet access for livelihood as a basic human right under the Constitution. It also requested that the court demand a detailed report on the firewall from the relevant parties and suspend the installation process until a decision was made.
Furthermore, it appealed that the firewall installation should be contingent on consultations with all stakeholders and the protection of basic rights with orders to ensure citizens have uninterrupted access to the internet. The petition named the cabinet secretary, secretary for information and technology (IT), secretary of interior, PTA and Ministry of Human Rights as respondents.
Meanwhile, the Peshawar High Court (PHC) was moved against internet disruptions and slowdown by the federal government throughout the country. Nouman Muhib Kakakhel filed the petition. He made the federal government, PTA and Ministry of Information Technology and Telecommunication, party to the case. The petitioner pleaded that the Internet had become an integral part of daily life. “Businesses and social life depend on the internet and social media applications. Slowing down the same is leading to hardships in communication, sharing files, using banking applications and social media,” he said adding voice messages, documents, photos and videos were not being sent or downloaded.
The counsel pleaded that no announcement had been made or explanation offered by the government or relevant quarters as to why there were disruptions in the internet. He pleaded that citizens were forced to use Virtual Private Networks (VPN) to continue with their daily lives, which was risking their data, including bank accounts, etc., being used on the same phone. The petitioner argued that Pakistan was a market of freelancers, e-commerce and online businesses, adding international corporations and private individuals prefer services, especially on freelancing applications. However, these applications were also blocking or not allowing them to conduct their businesses due to unstable IP addresses, which was not only individual losses but also a loss to the exchequer as tax was paid on all the money earned there.
The counsel pleaded that the Constitution guaranteed fundamental rights and the right to the internet forms a big part of the right now being a necessary facility in the modern world for every purpose connected with human activities, be it educational, business, banking or swift communications. He said the high court was a custodian of the fundamental rights provided in the Constitution; therefore, the grievances of the petitioner and every citizen of Pakistan ought to be redressed and their rights protected. The counsel prayed before the court to declare these disruptions and slowing down of internet throughout the country as unconstitutional, illegal and without jurisdiction and lawful authority.