Supreme court upholds ban on import of books from India, Israel

The Supreme 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 may be restricted under the law.

In a detailed 21-page judgment authored by Justice Aamer Farooq, the court said the right to read flows from Article 9 of the Constitution but remains a qualified right that can be limited in line with legal provisions.

The judgment said the federal government had acted within its powers by issuing SROs 927 and 928(I)/2019 on the basis of foreign policy, national security and sovereign discretion.

The court also held that matters related to foreign policy fall within the exclusive domain of the executive and are not subject to judicial review.

It said such decisions rest with the federal government, led by the prime minister and cabinet, under the constitutional framework.

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

Referring to Article 97 of the Constitution, the court said the federation has the authority to act on matters falling within parliament’s legislative scope, including trade regulation on the basis of national security and foreign policy considerations.

The judgment reaffirmed that courts have traditionally avoided intervening in issues involving national security and foreign affairs, reinforcing the executive’s authority in such matters.