PECA law amendments challenged in IHC, LHC

LAHORE/ISLAMABAD: The newly promulgated ordinance that amended the Prevention of Electronic Crimes Act (PECA) 2016 was challenged in Islamabad High Court (IHC) and Lahore High Court on Tuesday.

The Pakistan Federal Union of Journalists (PFUJ) moved a petition in the IHC stating that President Arif Alvi promulgated Prevention of Electronic Crimes (Amendment) Ordinance 2022, whereby amendments have been brought in the existing Prevention of Electronic Crimes Act 2016.

The petitioner stated that the promulgation of the ordinance is based on “malice” as the required conditions have not been met by the government.

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The ordinance was promulgated two days after the end of the Senate session on Feb 17 and the session of the National Assembly was scheduled for Feb 18 but was called off at the eleventh hour, it pointed out, adding that, “by doing so the respondents have promulgated the ordinance with deliberate intent in order to avoid the due process of legislation”.

“No emergency situations had arisen which called for issuance of an ordinance of this nature as it could have waited till the session of the National Assembly was called,” the petitioner argued.

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It said that freedom of expression is one of the fundamentals of a healthy democracy and to create an environment where people of the country are penalised for speaking their heart out, to express their opinion, to present facts before the general public, is against the democratic values given by not only the constitution of Pakistan but the world over.

Separately, Rana Ayub Khawar filed a petition in the LHC challenging the ordinance.

Both high courts have been pleaded to strike down the impugned Prevention of Electronic Crimes Amendment Ordinance of 2022.