IN THE LAHORE HIGH COURT AT LAHORE
Asif Ali Vs Govt. of Pakistan
APPLICATION UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE FOR THE GRANT OF TEMPORARY INJUNCTION
That the brief facts leading to the filling of the instant application are stated hereto below:
1. That the petitioner has filed a writ petition bearing No. 13737/2011 which was fixed for hearing before His Lordship Mr. Justice Shehzad Malik , of the Honourable Lahore High Court , who very graciously issued Notices and called for Para wise comments from the Respondents within four weeks time. However no date has been fixed by the Court.
2. That the contents of the accompanying writ petition may kindly be treated as an integral part of this application, that it is further submitted with respect that despite the fact that Notices have been issued to the Respondents yet they are adamant to take effective measure to curb communication, conveyance, broadcasting, , disclosure, dispel, disseminate, divulge, issuance, proclamation, publication, publicity, publish, spr
ead, or airing of porn material in Pakistan.
3. That it is submitted with respect that the fact that the Respondents are willfully ignoring to understand that it is technically a criminal action being caught on film. The criminal act of being prostitution. Meaning thereby that by not placing an immediate ban oncommunication of obscene, vulgar, profane, lewdly lascivious, or indecent language picture or image or website the Respondents are practically aiding, patronizing and facilitating this criminal activity in the country at a National scale. That according to the facts of the petition, the balance of convenience lies in favour of the petitioner and against the Respondents No. 1-11.
4. That it is submitted here with respect that after all, even though the people who are filmed in the act of prostitution are considered to be “actors” nothing could be further from the truth. Actors in a real movie or play do not actually engage in the activity that they are portraying while so called adult film “actors” are fully engaged in the activity that is portrayed. That is not acting. In as much as thepetitioner has got a good prima facie arguable case in his favour.
5. That it is submitted here with respect that the Respondents are not inclined to understand the gravity of the instant issue, their failure to curb easy access of porn material in Pakistan and lack of control over children’s use of Internet, through mushroom growth of video centers, is plunging children into a sexphobic environment in which they can easily be exploited. That it is further submitted here with respect that this painful situation s alarming for us as no doubt, like the US and the West, our children are not exposed to the crime syndicates who can use them as porn star, but they are prone topornography and they are becoming users of this commodity. This trend, if not checked, can one day make them do what they see inpornography. Our children are our most valuable asset. They are considered to be the future of the nation. They are also the most vulnerable members of our society. Protecting our children against the fear of crime and from becoming victims of crime must be a national priority. Unfortunately the same advances in computer and telecommunication technology that allow our children to reach out to new sources of knowledge and cultural experiences are also leaving them vulnerable to exploitation and harm by computer-sex offenders. That there is every likelihood that the case filed by the petitioner will be ordered in favour of the petitioner
6. That it is submitted here with respect that it is the basic duty of the Respondents to act in accordance with law and the provisions of the Constitution, it is their moral as well as legal obligation to preserve our family oriented social fabric of our society, however for reasons extraneous in nature or for their ineligibility to comprehend the gravity of the issue, the society at large in specific and the nation in general is bearing the cost of their ineligibility and criminal negligence to deal with the instant matter, for which there lies no compensation.
7. That it is submitted here with respect that in the peculiar circumstances the negligent acts on the part of the Respondents to curb the effects of publication, displaying, visualizing or airing of porn-sites and explicit material falls within the purview of criminal breach of trust, meaning thereby that the acts and omissions made bythem in the instant crisis amounts to trespass on the valuablefundamental rights, hence they are eligible to be redressed by this Honourable Court.
That It is therefore , respectfully prayed that a temporary injunction/ Stay may very graciously be issued in favor of the petitioner and against the Respondent No.2,4,5,6,8&9 restraining them from causing any further communication, conveyance, broadcasting, disclosure, dispel, disseminate, divulge, issuance, proclamation, publication, publicity,
publish, spread, or airing of porn material or communication of obscene, vulgar, profane, lewdly lascivious, or indecent language picture or image, advertisement or website within Pakistan through the medium of Internet & Television, till the final disposal of the instant writ petition.
That it is further most humbly prayed that any other relief that this Honourable Court deems fit and proper may also very graciously be extended in favour of the petitioner in the peculiar circumstances of the instant matter.
Fahad Ahmad Siddiqi
Advocate High Court
Qadeer Ahmad Siddiqi Law Associates
Ground Floor, Siddiqi Plaza
7- Turner Road, Lahore