Salute to the virtually silenced.

Byline: Rafia Zakaria

IT was the worst of times, it was the worst of times - or so it certainly feels in Pakistan. The air too has recently decided to give up. If no one cleans house, themselves, their souls, then why must anyone else take the trouble to do so?

These days, Islamabad is witness to a vast sea of humanity that has flowed in from the untended and unloved parts of the country to demand freedom. The words and slogans of this massive crowd, the stubborn self-righteousness, have also spread like a vast mushroom cloud over the length and breadth of the country. These people want to be free, but hold the condition of imprisoning others as integral to their freedom.

In these smoky, dimly lit times, amid the echoes of a coughing and sputtering humanity, one must be grateful for anything that interrupts the baleful season of mourning. Just as the definition of freedom is being questioned from loudspeakers and megaphones, one act of courage by the Islamabad High Court is being lauded. The court's decision to rule in favour of the Awami Workers' Party (AWP), was included in the Global Freedom of Expression database at Columbia University, which cites landmark cases related to the freedom of expression from around the world. The Awami Worker's Party vs the Pakistan Telecommunication Authority which was decided on Sept 19, 2019, has been listed as a case that expands expression.

The facts are simply this: during the election season of 2018 when campaigning was under way, the official website of the AWP was blocked by the PTA. The party filed a writ petition against the blocking of its website, a controversial move as the Constitution of Pakistan, 1973, guarantees basic rights of due process for all citizens.

The government and PTA believe they have broad powers to assault the rights of political organisations.

For their part, the defendants stated that the Prevention of Electronic Crimes Act (Peca), 2016, permitted them to block any website. The case eventually landed up with the Islamabad High Court where the two sides presented their arguments before Justice Athar Minallah.

The government's position - strident as it has been - remained the same. Counsel for PTA argued that Section 37 of Peca gave them the blanket authority to block any website of any party or organisation at any time, based on their independent (and unclear) estimation of national security needs.

One of the lawyers representing the AWP emphasised that basic due process...

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