Islamabad: Federal Constitutional Court (FCC) has declared legally correct the notification issued regarding ban on import of Indian and Israeli books and goods.
The court nullified all the directives given by Lahore High Court (LHC) to federal government.
Justice Amir Farooq issued majority written decision.
Justice Baqir Ali Najafi issued additional note.
In the written decision LHC decision for federal government to appoint officer for review was abolished declaring it suo motu.
The FCC wrote in its decision the private petitioners are free to resort to the federal government for redressal of their complaint.
High court has no powers to initiate proceedings on its own. Foreign policy and national security matters are exclusive powers of the executive. Therefore, the judiciary cannot interfere in it.
It has been written in written majority decision that this is discretionary power of the government that it wants to maintain trader ties with which courtiers. If the judiciary gives order regarding trade then it will be transgression of powers.
The right to study is basic right but it is subordinate to restrictions under country's foreign policy and laws.
Jusitce Amir Farooq wrote Constitution of Pakistan is an evolutionary constitutional document which can interpret new laws with changing time.
The court wrote that the right to free education is restricted to school and college under article 25-A.
The law books are available in India at low prices but ban will remain in place on them due to foreign policy.
The FCC declared the right to education basic human right under article 9 of the constitution.
It was said in the written order write to education is linked to right to life which enables the human mind to comprehend reality and history.
Justice Baqir Ali Najafi wrote in additional note that reading and writing are interlinked to each other.