IHC hints at declaring PECA ordinance null and void

The Islamabad High Court (IHC) on Friday said the government would have to satisfy the court that whether President Arif Alvi could promulgate the Prevention of Electronic Crimes Act (PECA) Amendment Ordinance, 2022 by bypassing the parliament, reported 24NewsHD TV channel. 

And when during the hearing of petitions filed by senior journalists as well as several bodies of media personnel such as PBA, PFUJ against the ordinance, Additional Attorney General (AAG) Qasim Wadood prayed to the court to leave aside the president’s authority and hear merits of the case, Chief Justice (CJ) Athar Minallah insisted that he would have to convince the court that the president had the power to issue an ordinance under the circumstances, which existed at that time. “On the very day, the ordinance was issued, President Alvi had also convened the parliament’s session,” he recalled. 

Justice Minallah remarked that under the ordinance under review, the Federal Investigation Agency (FIA) had been given the authority to arrest any person against whom there was an allegation of defaming any individual or organisation. “Whosoever has prepared the draft of the ordinance has no understanding of legal matters,” he said, and stressed that first of all there was a need to understand the real meaning of ‘defamation’.

The AAG contended that there were some individuals or people belonging to a segment of the society whose esteem is lowered, if they complained to the authorities about their character assassination.   

This prompted Justice Minallah to ask what were those special classes for which such a relief had been provided in the said ordinance? 

AAG Wadood replied people like judges fell in this category. 

The chief justice cut him short and asked as to why the government was so much worried about the judges. “Judges earn respect through their decisions. And they are not scared of criticism,” he stated categorically. 

He also asked the AAG as to why Prime Minister Imran Khan was so much worried about the state institutions. “Each and every institution should remain prepared to face criticism and to be held accountable for its practices,” he remarked. 

The CJ was of the view that there was no room for a self-censorship in a democracy. “Please assist the esteemed court,” he said while addressing the AAG, and added, “Explain why we should not declare section 20 of the said ordinance null and void.” 

He went on to say that prima facie the ordinance was against the constitution. “The question is why the ordinance was promulgated in a rush,” Justice Minallah asked, and added that the FIA had continuously misused its powers to stifle dissent and criticism.  

The IHC CJ pointed out that Pakistan was also a signatory to international agreements and treaties. “This court was assured by the government that there would be no implementation on the ordinance,” he said, adding, “Is not that sufficient to justify declaration of the ordinance null and void?”

Later, the court adjourned hearing of the case until March 30. 

Several journalists and bodies of journalists had moved the IHC against the PECA ordinance following its promulgation in February 2022.  Reporter: Ihtesham Kiani