The Islamabad High Court (IHC) has declared the Prevention of Electronic Crimes Act, 2016 (PECA) “unconstitutional”. The IHC declared the PECA Ordinance as “null and void”.
According to details, 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 the development, progress, and prosperity of a society, he said, adding that their suppression was “unconstitutional and contrary to the democratic values”.
Read more: Pakistani Media: Freedom of Expression or Chaos Mongers
Therefore, The IHC CJ declared the Peca ordinance and its promulgation as “unconstitutional” and struck it down.
To clarify, President Dr. Arif Alvi promulgated an ordinance in February to amend the PECA law. The decision came as the PTI government moved to curb “fake news”. Through this change, anyone, including public officials, departments, or people representing them, can move courts against citizens who they believe to be posting defamatory content on the internet.
However, according to the journalistic community, amending the law was an attempt to end freedom of speech. Regarding this, in a joint statement, various media bodies including PFUJ said that the Ordinance is a “blatant move to stifle media independence, freedom of speech and dissenting voices”. As a result, the Pakistan Federal Union of Journalists (PFUJ) filed a petition against the amendment. Moreover, journalists also took to the streets to protest against the media law.
PECA Ordinance declared null and void by the Islamabad High Court. Another jolt for PTI.
— Wajahat Kazmi (@KazmiWajahat) April 8, 2022
Sherry Rehman congratulates media community
PPP Senator Sherry Rehman, who has also been a harsh critic of the PECA amendment, took to Twitter to congratulate the media community on the landmark decision. She further said the PECA ordinance was a government ploy against basic human rights.
“I congratulate the journalists and the whole of Pakistan on the annulment of the PECA Ordinance by the Islamabad High Court. Within 24 hours, the court declared another action of the PTI government unconstitutional,” she wrote.
“The PECA Ordinance was a government ploy against constitutional and basic human rights. Media and freedom of expression were restricted during the PTI regime. Now all undemocratic and illegal steps of PTI will be returned. God willing, this will be the end of the worst civilian dictatorship,” she further added.
اسلام آباد ہائے کورٹ کی جانب سے پیکا آرڈیننس کو کالعدم قرار دینے پر صحافیوں اور پورے پاکستان کو مبارکباد پیش کرتی ہوں۔ 24 گھنٹوں کے اندر عدالت نے پی ٹی آئی حکومت کے ایک اور عمل کو غیر آئینی قرار دیا ہے۔ پیکا آرڈیننس مخالفین کو نشانا بنانے کے لئے لایا گیا تھا۔ 1/2 pic.twitter.com/e7KDZ3s12o
— SenatorSherryRehman (@sherryrehman) April 8, 2022
Another blow for PTI?
Interestingly, IHC rejecting the PECA Ordinance is being considered another loss for the PTI government. Currently, the tides are against the PTI-led government as yesterday, the Supreme Court declared the National Assembly Deputy Speaker’s ruling against the no-confidence motion illegal.
Earlier, the NA Deputy Speaker’s declaring the no-confidence motion as illegal was a win for PM Khan who then advised President Dr. Arif Alvi to dissolve all assemblies. However, the Supreme Court’s yesterday’s decision essentially brought Pakistan back to square one.
With the NA session on the no-confidence motion once again scheduled for tomorrow, it is a possibility that the Opposition will win since it has a majority. In fact, legal experts believe that the resignation as prime minister is the best graceful option for Imran Khan.
Furthermore, Interior Minister Sheikh Rashid said that he had advised PM Khan to resign from office three months ago. And would advise him to do the same today too.
Read more: Is PM Khan’s future in jeopardy after no-confidence motion?