In the Honourable Lahore High Court at Lahore
Yasser Latif Hamdani v. PTA and one other
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Writ Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973
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ARGUMENTS
RESPECTFULLY SUBMITTED:
- 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:
- Possible restrictions on freedom of speech, constitutional or unconstitutional, may be divided into two categories :
a. Restraints on freedom of speech and expression prior to an exercise of the same.
b. 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:
