2004 SCMR 164


Per Nazim Hussain Siddiqui, J-
(a) Constitution of Pakistan, (1973), Art. 19-

In a democratic set-up, freedom of speech/expression and freedom of press are the essential requirements of democracy and without them, the concept of democracy cannot survive. From perusal of Article 19, it is, however, absolutely clear that above right is not absolute but reasonable restrictions on reasonable grounds can always be imposed. Reasonable classification is always permissible and law permits so. For above purpose, reference can be made to the case reported as Zaheeruddin and others v. The State and others (1993 SCMR 1718).

On the contrary, in order to maintain the proper discipline in public servants and efficiency in administration, it is necessary to place certain restrictions on the freedom of the speech of Government servants, which are essential in the interest of public order, otherwise there would be chaos, unarchy and mal-administration in every department, as its employees would not only criticize each other publicly but would frustrate every policy framed for the interest of general public[p, 178] A & D


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