Lahore High Court gives government final chance to explain X ban

Chief Justice Aalia Neelum of the Lahore High Court raised concerns regarding the federal government’s procedure for blocking the social media platform X (formerly Twitter), stating, "We are giving the federal government a final opportunity to provide an answer in court."

A three-member bench, led by Chief Justice Aalia Neelum, heard petitions challenging the ban on X. The petitions were filed by Huzaifa Naeem through Advocate Waseem Ahmed, along with journalist Shakir Awan, who also challenged the ban.

The Chairman of the Pakistan Telecommunication Authority (PTA) appeared before the bench as per the court’s orders, and the PTA submitted a written response.

The federal government’s lawyer informed the court that the Ministry of Interior does not have a system to monitor individual usage. In response, Chief Justice Aalia Neelum questioned, "The Ministry of Interior has a system to block X, but not a system to monitor usage?"

The federal government’s lawyer, Asad Bajwa, stated that the PTA had formed a committee to address the issue. To this, Chief Justice Aalia Neelum remarked, "Is this committee just a way to mislead the court?"

The lawyer further stated that the government had written to X’s administration regarding the matter. The Chief Justice then inquired, "Is X in any kind of agreement with the government?" The lawyer responded that there was no agreement, prompting the Chief Justice to question, "If there is no agreement, why would X’s administration respond to you?"

Expressing dissatisfaction, Chief Justice Aalia Neelum remarked, "This bench is not here just to receive written responses and eyewash."

Justice Ali Zia Bajwa asked, "Is the PTA’s own X account operational?" The PTA Chairman confirmed that it was.

Justice Ali Zia Bajwa then remarked, "How is it possible that you have imposed a ban but are still using it yourselves?" The PTA Chairman responded that all users in Pakistan were accessing X through VPNs.

When asked whether he personally used a VPN, the PTA Chairman replied, "I do not personally use VPN." However, the Chief Justice pointed out, "Your institution’s use of VPN is illegal."

Following this, the PTA Chairman retracted his statement, saying, "I apologise, I have just been informed that we are not using VPN." Chief Justice Aalia Neelum reacted strongly, stating, "You came here without proper knowledge and made such a significant statement."

Justice Farooq Haider asked whether VPNs could be blocked, to which the PTA Chairman replied, "They cannot be blocked immediately but can be restricted over time." In response, Chief Justice Aalia Neelum noted, "It has been a year, and you have done nothing. Now you are still asking for another month."

Justice Farooq Haider questioned, "If X was to be blocked, why is VPN still functional?" The PTA Chairman argued that VPNs are used for software access, banking, and freelancing services.

Justice Ali Zia Bajwa pointed out, "Our simple question is, PTA blocked X, yet PTA itself is still using it."

The federal government’s lawyer claimed that "VPN usage is partially legal." Chief Justice Aalia Neelum then asked, "Tell us how much VPN is being used to access X."

The PTA Chairman admitted, "I do not have exact data at this moment." Chief Justice Aalia Neelum criticised this response, stating, "You hold such a high position, yet you do not have the necessary data."

Justice Ali Zia Bajwa reminded the court, "The PTA Chairman himself said that if the court orders, X can be unblocked immediately." To this, the PTA Chairman responded, "Yes, absolutely, if the court orders, we will unblock X immediately."

Justice Ali Zia Bajwa remarked, "This means PTA made a mistake, and now you are looking for justification. According to regulations, specific content can be blocked, but an entire platform cannot be shut down."

He further stated, "You can restrict inappropriate content on X, but blocking the entire platform is not permissible." Chief Justice Aalia Neelum added, "Why has the government not fulfilled its responsibility? We are disappointed in summoning the PTA Chairman because he has no answers."

Chief Justice Aalia Neelum concluded, "We do not have time to waste. Why should we not initiate contempt of court proceedings for wasting the bench’s time?"

She warned the government, "This is the final opportunity for the federal government to provide a response in court regarding the method used to block X. After this, we will summon the head of the Cabinet."

The Lahore High Court then adjourned the proceedings until April 8.

It is important to note that on 17 February 2024, the Ministry of Interior imposed a ban on X, following which local journalist Ahtisham Abbasi filed a petition in the High Court challenging the restriction.