• LHC gives govt ‘final opportunity’ to propose solution, warns PTA chairman of contempt
• Justice Bajwa says anti-state content can be blocked, but shutting down entire platform not the solution
• PTA lawyer points out it isn’t responsible for ban, says such restrictions not novel

LAHORE: The Lahore High Court on Thursday gave the final opportunity to the federal government to resolve the issue of the ban on X (formerly Twitter) and directed the authorities concerned to propose a solution and identify who will implement it.

A full bench, headed by Chief Justice Aalia Neelum, remarked: “If the responsibility lies with the cabinet, its head will be summoned.” The bench also warned Pakistan Telecommunication Authority (PTA) Chairman retired major general Hafeezur Rehman of issuing a contempt of court notice. The bench, which also comprises Justice Farooq Haider and Justice Ali Zia Bajwa, was hearing a petition against the blocking of X.

During the proceedings, Deputy Attorney General Asad Ali Bajwa informed the court that the government had no formal agreement with X. The bench questioned, “If there is no agreement, why would X provide the required information?”

The law officer stated that according to the Ministry of Interior, there was no system to monitor how government institutions were using X. He said an email had been sent to the X management regarding the issue.

Justice Bajwa asked the PTA counsel what action can be taken in case of violation by an X account of any restriction imposed by the authority. PTA’s counsel Muhammad Afzaal said the PTA cannot confirm with certainty who owns a specific account. He said the ministry instructed the PTA to block X under the web monitoring system.

The judge asked the chairman whether the PTA’s X account was operational and if it was, how it was functioning. The PTA chairman, who was present in the court, initially admitted that the authority itself uses VPNs (Virtual Private Networks) to access X.

However, later, he sought an apology, saying his director general informed him about the PTA using the social media platform. Chief Justice Neelum expressed displeasure with the chairman for giving an ‘irresponsible statement’ before the court. The PTA chairman stated that the VPNs could not be blocked as they were essential for IT businesses and software houses.

Justice Bajwa asked the government to show the exact provision in the rules that allows banning social media platforms. “You can prevent accidents, but you cannot ban vehicles. Similarly, state-opposing content can be blocked, but the platform itself cannot be shut down,” the judge observed, addressing the PTA chief. The chief justice also expressed disappointment over the PTA chairman’s responses and asked: “Who should be summoned now to find a solution?” She said it appears a contempt of court notice may have to be issued to the PTA chairman. The PTA’s lawyer said the authority should not be blamed for the ban.

The PTA chairman also pointed out that the blocking of social media and websites had been ongoing in Pakistan since 2016. He said the Supreme Court had blocked YouTube for four years. Justice Bajwa said it appeared that the PTA made a mistake and was now looking for the court’s support to unblock X.

However, the PTA’s counsel said the authority had not done anything wrong.

The bench adjourned the hearing till April 8, giving the authorities the final opportunity to propose a solution and its implementation.

The petition filed through Advocate Azhar Siddique argued that the government unlawfully imposed restrictions on social media and blocked access to X. It said access to information was a fundamental right of every citizen and that such restrictions violate Articles 19 and 19-A of the Constitution. The petition asked the court to lift all restrictions on social media and declare all government notifications regarding these bans null and void.

Published in Dawn, March 21st, 2025