Lahore High Court(LHC) Judge Warns that Section 124-A Poses a Constant Threat to Free Press and Democracy
The Lahore High Court (LHC) recently made a landmark ruling that has far-reaching implications for the freedom of expression and press in Pakistan. In a detailed 48-page judgment, Justice Shahid Karim struck down the offense of sedition under Section 124-A of the Pakistan Penal Code (PPC) 1860 as being repugnant to the fundamental rights of citizens protected in the Constitution.
The judge’s ruling is a clear message that loyalty to the state must be distinguished from loyalty to the government. Not everyone will have a doctrinal affinity with a ruling party and, therefore, must be free to express feelings of disaffection towards its policies without fear of persecution.
Justice Karim questioned why a citizen or a member of the press should be charged with sedition for expressing hatred, contempt, or disaffection towards a federal or provincial government. He observed that as human beings, we are all susceptible to showing such emotions at some point or another and to curb them is to make robots out of the citizens of Pakistan.
According to the judge, the severity of disapproval that can lead to the offense of sedition may vary depending on the specific case and circumstances. Additionally, disaffection may encompass disloyalty and enmity, implying that individuals who are loyal to opposing political groups may be penalized. Justice Karim warned that the press and media may also fall victim to Section 124-A’s harmful effects if it is not amended.
This would be contrary to their role of informing the general public regarding issues of a political nature and would be shackled by their ability to do so by the provisions of the impugned section, which would pose a constant threat to a free press to write freely and to dispense information without any fear of prosecution.
The judge’s ruling is an essential victory for the freedom of expression in Pakistan. The existence of a free press is a fundamental element in a constitutional democracy and rule of law. It is the right of the people to know and be informed in order to make a more informed decision regarding political matters.
The ruling is particularly relevant in the current political climate in Pakistan. The country is in the midst of a severe political crisis, with opposition parties staging protests against the government and a controversial media law that has been widely criticized by journalists and human rights organizations.
Lahore High Court (LHC) rules against sedition offence under section 124-A of the Pakistan Penal Code
In recent months, there has been a growing trend of the government using sedition charges to silence critics and opposition voices. The Lahore High Court (LHC) judgment is a clear message that such actions are not acceptable and that freedom of expression and press are fundamental rights that must be protected at all costs.
The judgment is a victory for civil society and human rights organizations that have long been campaigning for the repeal of sedition laws in Pakistan. It is hoped that the ruling will inspire other courts and governments in the region to take similar steps to protect freedom of expression and the press.
However, the ruling is not without its critics. Some argue that it will encourage hate speech and incitement to violence against the government, while others argue that it will embolden opposition parties to engage in reckless and irresponsible behavior.
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While these concerns are valid, they must be balanced against the need to protect fundamental rights and freedoms. The ruling does not give citizens or members of the press carte blanche to engage in hate speech or incitement to violence. Such actions are still subject to the laws of the land and can be prosecuted under other sections of the PPC.
Lahore High Court (LHC) ruling on sedition is a landmark victory for the freedom of expression and press in Pakistan. The judgment sends a clear message that loyalty to the state
