Govt ready to take back PECA amendment ordinance, AGP tells IHC

ISLAMABAD: The government is ready to take back the Pakistan Electronic Crimes (Amendment) Act (PECA), Attorney General Khalid Jawed Khan on Thursday said in a hearing in the Islamabad High Court (IHC), ARY News reported.

IHC Chief Justice, Athar Minallah while hearing the plea had issued notice to the AGP to appear before the court in personal capacity.

Attorney General Khalid Jawed told the court that the matter can be sent back to the federal cabinet to get opinion of the concerned persons.

A timeframe should be fixed to work out on this law, “We will sit with the PFUJ, PBA and others to sort out the matter,” AGP said.

“PECA amendment is a draconian law, if come into force in present shape,” AGP said. “Mainstream or print media is not required to regulate with this law,” he further said.

“I have detailed meeting with the prime minister and defending the case on the special instructions of the prime minister, this case is out mutual mistake,” he said.

“The court wants to set an example with this case,” the bench remarked.

The court had clubbed all the petitions against the PECA ordinance. The Pakistan Broadcasters Association (PBA) and other petitioners had challenged the PECA ordinance.

The PBA in its plea had claimed that the ordinance has been released to promote self-censorship and the president must have strong grounds before issuing any ordinance.

Earlier, Additional Attorney General, Deputy Attorney General and Director FIA cyber crime wing were appeared in the case hearing.

FIA director on the court’s qestion said that under section 20 of the law 94,000 application were registerd and 11,000 cases have been in pending.

“How many people you arrested from 94,000 cases,” the bench questioned. The court directed the FIA to read the FIR registered on the complaint of federal minister Murad Saeed. “Which clause of the PECA law applied over it,” the court further questioned.

“How the FIA assessed, there might be some good things in the book,” the bench observed. “How could you arrest a person without inquiry on the same day of the FIR,” the bench questioned.

The court in an interchange with the AGP said that “the Mohsin Baig case is a classic example, on same day after registration of the complaint the accused was arrested”. “The matter is concerned with misuse of authority,” the bench said.

The bench asked the AGP to read section D of the PECA Act. “In the end Mohsin Baig’s case has to to back to the trial court,” the attorney general said.

“The petition has been filed to dismiss the FIR against Mohsin Baig,” the bench said. “Mohsin Baig’s case also related to the PECA Act,” the bench further said.

“Where they want to lead the country,” the bench questioned. “To whom this law is to protect,” the bench questioned the AGP.