ISLAMABAD: The Islamabad High Court (IHC) on Friday declared the controversial Prevention of Electronic Crimes (Amendment) Ordinance, 2022, “null and void”, terming it “unconstitutional”.
IHC Chief Justice Athar Minallah issued a four-page order while hearing identical petitions filed against the controversial Peca ordinance by the Pakistan Federal Union of Journalists (PFUJ). The court had earlier reserved its verdict.
In the written order, Justice Minallah said that freedom of expression was a fundamental right and reinforces all other rights guaranteed under the Constitution.
Free speech and the right to receive information are essential for development, progress and prosperity of a society”, he said, adding that their suppression was “unconstitutional and contrary to the democratic values”.
“The criminalisation of defamation, protection of individual reputations through arrest and imprisonment and the resultant chilling effect violates the letter of the Constitution and the invalidity thereof is beyond reasonable doubt,” the order stated.
The IHC chief justice stated that the Peca ordinance was “promulgated in derogation of the Constitution and the fundamental rights guaranteed thereunder, particularly Articles 9, 14, 19 and 19-A”.
The jurisdictional preconditions were also not in existence, he observed. Justice Minallah declared the Peca ordinance and its promulgation as “unconstitutional” and struck it down.
President Dr Arif Alvi promulgated an ordinance in February to amend the Peca law as the government moved to curb “fake news”. The government’s move, according to experts and journalists, aimed to silence dissent on social media and control the media.
