PECA: Govt withdraws FIA petition against IHC order in SC

ISLAMABAD: Federal Minister for Information and Broadcasting Marriyum Aurangzeb has announced that the government is withdrawing the petition filed by the Federal Investigation Agency (FIA) to challenge the Islamabad High Court’s (IHC) order regarding the Prevention of Electronic Crimes Act (PECA) amendment ordinance in the Supreme Court (SC), ARY News reported on Saturday.

In a Twitter message, Marriyum Aurangzeb said, “The Prime Minister [Shehbaz Sharif] and I learned a short while ago that the FIA has filed a petition in SC against the IHC judgement regarding PECA Act 2016 to seek restoration of section 20 of the Act.”

While announcing the withdrawal of the FIA petition, she wrote, “Please note that this petition stands withdrawn immediately, as it is squarely against the government’s stated policy and the principle of standing for and ensuring freedom of expression. The prime minister has taken strict notice of the filing of this petition.”

READ: IHC DECLARES PECA ORDINANCE NULL AND VOID

In another tweet, the information minister said, “Unfortunately, the news of this petition was a little late to reach us due to the fact that we were in Bisham during the day where there were no signals.”

Please note that this petition stands withdrawn immediately, as it is squarely against the government’s stated policy and principle of standing for and ensuring freedom of expression. The Prime Minister has taken strict notice of the filing of this petition.2/3

— Marriyum Aurangzeb (@Marriyum_A) May 7, 2022

FIA petition

Earlier in the day, the Federal Investigation Agency (FIA) filed a petition in the SC to challenge the IHC order which declared the amended PECA Section 20 as ‘unconstitutional‘.

In its petition, the intel agency stated that the Pakistan Federal Union of Journalists (PFUJ) has been provided relief by the high court without any legal justification, whereas, the IHC also misinterpreted Articles 19 and 19-A of the Constitution.

It added that the IHC judgement will encourage lawbreakers after the nullification of PECA’s Section 20. The FIA sought suspension of the IHC’s April 8 verdict.

PFUJ concerns

The Pakistan Federal Union of Journalists (PFUJ) showed serious concerns over challenging the IHC order regarding the PECA Section 20 by the federal government’s intel agency.

Following the development, the office-bearers of the journalists’ union said in a statement that the IHC declared the amendment ordinance unconstitutional.

The PFUJ president and secretary-general have demanded the federal government to immediately withdraw the FIA petition besides seeking the government to obey the IHC order.

READ: PML-N WELCOMES NULLIFICATION OF PECA AMENDMENT ORDINANCE

The PFUJ office-bearers criticised that the present government has seemingly taken a U-turn from its promised action. They further complained of misuse of PECA law by FIA in the previous tenures.

They added how can a federal government institution, FIA, challenge the IHC verdict regarding PECA’s Section 20 without getting approval from the ruling Pakistan Muslim League Nawaz (PML-N).