FCC Bans Import of Books from India and Israel

The Federal Constitutional Court has upheld the federal government’s decision to ban the import of books from India and Israel, ruling that the right to read is not absolute and can be restricted under the law.

In a detailed 21-page judgement authored by Justice Aamer Farooq, the court stated that while the right to read stems from Article 9 of the Constitution, it remains a qualified right that can be limited in accordance with legal provisions.

The court observed that the federal government acted within its authority by issuing Statutory Regulatory Orders (SROs) 927 and 928(I)/2019, citing considerations of foreign policy, national security, and sovereign discretion.

It further held that matters related to foreign policy fall exclusively within the domain of the executive and cannot be examined through judicial review.

The judgment emphasized that such decisions rest with the federal government, led by the prime minister and cabinet, under constitutional provisions.

The ruling also noted that the Lahore High Court had earlier upheld the validity of the SROs but issued certain directions to the government, which were later challenged by the executive in the top court.

Referring to Article 97 of the Constitution, the court stated that the federation has the authority to act on matters within parliament’s legislative scope, including trade regulation based on national security and foreign policy concerns.

The judgment reaffirmed that courts traditionally avoid interfering in issues related to national security and foreign affairs, reinforcing the executive’s authority in such matters.