The Lahore High Court ruled that loyalty to a state must be distinguished from loyalty to the government, which a political party leads.
In the judgment, Justice Shahid Karim clarified that citizens should be able to express disapproval or disaffection towards the government’s policies without the risk of being charged with sedition.
Justice Karim elaborated in his detailed judgment against the offense of sedition under Section 124-A of the Pakistan Penal Code (PPC) 1860. He explained that the people are the masters of the country, while government officeholders are public servants. The judge further emphasized that as human beings, emotions such as disapproval or disaffection should not be suppressed, as doing so would turn citizens into robots.
Justice Karim added that Section 124-A demands loyalty and allegiance from opposition parties, their members, citizens, and press members towards the federal or provincial governments. He pointed out that the sedition offense, as it stands, could be used against the press, infringing upon the freedom of the press to publish freely and inform the public.
Justice Karim stressed that a free press is essential for constitutional democracy and the rule of law. The offense of sedition in Section 124-A, he argued, goes beyond the limitations imposed by Article 19 of the Constitution regarding the press’s role and freedom. This limitation should not be abridged based on the misguided belief that the government can suppress political speech at will.
In conclusion, Justice Karim declared that if Section 124-A remained unchanged, it would constantly threaten the press’s ability to write freely and provide information without fear of prosecution.
The judge’s ruling asserts the importance of allowing citizens to express their feelings towards the government without being charged with sedition, emphasizing the need for distinction between loyalty to the state and loyalty to the government.
