IHC Dismisses PECA Amendment Ordinance 2022

Shazia Mehboob

Islamabad: The Islamabad High Court (IHC) on Friday dismissed the Prevention of Electronic Crime Act (PECA) amendment Ordinance 2022 while accepting the petitions of the Pakistan Federal Union of Journalists (PFUJ) and others.

The court instructed the interior secretary to initiate an inquiry against the FIA’s officials involved in the misuse of powers under PECA and submit a report within thirty days. The court set aside Section 20 of the PECA Ordinance and also terminated the FIRs registered under this law. Chief Justice Athar Minallah announced the verdict, which was earlier reserved after listening to arguments from all respondents.

The Federal Investigation Agency (FIA) submitted its report in light of the directives of the IHC.  At the outset of the hearing, the chief justice remarked that anyone must be accountable for a violation of basic human rights.

The FIA submitted SOPs before the court, but the same were violated as well, it observed. Addressing the official of FIA, the court said that the department had included the PECA sections in various complaints, which couldn’t be applied to these matters.

Director FIA Baber Bakht argued that the department used to face pressure to implement the available laws. The court asked whether the FIA ever took action for a common citizen; if it was done, then the court must favor the department.

Director FIA said that in several cases, the department used to arrest the accused before registration of a first information report. The cases were registered once the recoveries were made from the accused after his arrest, he said. The court expressed annoyance and asked under what law the FIA could arrest the people in such a way.

The FIA had even no regrets about its practice and still gave arguments in support of it, the court said.  The court observed that the journalists were being monitored, whether it was the job of the FIA. After listening to arguments, the court reserved its judgement and later dismissed the amendment in PECA.  The court said that freedom of expression was a basic human right and that access to information was necessary for the prosperity of a society.

The court order said that it expected the government to review the Defamation Ordinance 2002 and give suggestions to the Parliament to make it more effective.  The court also instructed the Secretary of Interior to investigate the way of practice of officials of the Cyber Crime Wing, FIA.

It added that the PECA Ordinance had been imposed in violation of Articles 9, 14, 19, and A-19 of the constitution