The Federal Constitutional Court on Friday upheld the ban on the import of books and goods from India and Israel, setting aside all directives previously issued by the Lahore High Court (LHC) to the federal government.
According to the 24NewsHD TV channel, Justice Aamir Farooq issued the majority judgement, while Justice Ali Baqar Najafi wrote an additional note. The court ruled that the judiciary cannot interfere in the powers of the executive, particularly in matters of trade and foreign policy.
In its decision, the court observed that it is the government’s prerogative to decide with which countries it maintains trade relations. It stated that any judicial direction on such matters would amount to overstepping constitutional authority.
The court recognised the right to read as a fundamental human right under Article 9 of the Constitution, linking it to the right to life and the development of human understanding. However, it clarified that this right is subject to national laws and foreign policy considerations.
It further noted that the right to free education under Article 25A is limited to school and college education. While acknowledging that law books from India may be available at lower cost, the court held that the ban would remain in place due to foreign policy considerations.
The judgement also stated that the LHC’s direction to appoint an official for reviewing the matter was akin to taking suo motu notice, which fell outside its jurisdiction. It added that private petitioners remain free to approach the federal government to seek redress.
The court emphasised that issues related to foreign policy and national security lie exclusively within the domain of the executive and are not open to judicial intervention unless proven unlawful or made in bad faith.
It also described the Constitution of Pakistan as an evolving document, capable of interpreting rights in line with changing times.
The case originated from a petition filed by a private bookshop in Lahore seeking permission to import law books from India. The petitioner argued that such books were cheaper and relevant due to similarities in legal systems.
However, the federal government had imposed a ban on all trade and imports from India in 2019 following constitutional changes in the region.
The LHC had earlier ruled in favour of the petitioner, stating that access to knowledge should not be restricted and directing the government to review the ban. The Ministry of Commerce later challenged that decision in the constitutional court.
Reporter: Amanat Gishkori