FCC imposes ban on books from India and Israel

The Federal Constitutional Court (FCC) has upheld the federal government’s decision to bar the import of books from India and Israel, ruling that the right to read is not unrestricted and can be limited under the law, including on grounds linked to foreign policy.

In a detailed 21‑page judgement written by Justice Aamer Farooq, the Supreme Court has ruled that the right to read is not an absolute right and can be limited under law. The court said this right grows out of Article 9 of the Constitution, which guarantees the security of persons, but it remains a qualified right subject to legal restrictions.

The judgement explained that the federal government stayed within its powers when it issued Statutory Regulatory Orders (SROs) 927 and 928(I)/2019, citing national security, foreign policy, and sovereign discretion as key reasons. The court held that issues of foreign policy belong fully to the executive branch and cannot be reviewed in detail by the judiciary.

It also stressed that such decisions are the responsibility of the federal government, led by the prime minister and the Cabinet, under the country’s constitutional framework. The ruling noted that the Lahore High Court had earlier accepted the validity of the SROs but gave some directions to the government, which the executive then challenged in the top court.

Referring to Article 97, the judgement reaffirmed that the federation can act on any matter that falls within Parliament’s legislative powers, including trade rules linked to national security and foreign policy. The court once again underlined that courts usually avoid interfering in matters of national security and foreign affairs, backing the executive’s authority in these sensitive areas and reinforcing the idea that certain policy choices lie with elected leaders, not the judiciary.