A petition moved before the Lahore High Court on Tuesday assailing the recently passed PECA Ordinance 2022, has claimed the ordinance is a ‘sheer violation’ of not only the top court verdicts but also a violative to provisions of the Constitution of Pakistan.
Petitioner Mohammad Ayub also alleged the law was amended to save the government from its ‘illegal acts’ and requested the court to declare the ordinance unlawful, as it is liable to be set aside in the supreme interest of justice.
The petitioner made principal staff officer of President Arif Alvi, principal secretary of Prime Minister Imran Khan, secretary Ministry of Law and Parliamentary Affairs, secretary establishment, establishment division, secretary cabinet and secretary law and justice division as respondents.
Ayub also claimed the President has promulgated PECA amendment ordinance with ‘mala fide intention and for ulterior motive’ just to ‘harass and blackmail the opposition’ as well as the public at large.
“The motive behind the promulgation of the impugned ordinance is a direct attack upon the independence of the judicial system as well as judges of constitutional jurisdiction.”
According to the impugned amendment in section 2 of the said Ordinance the word person of age less than 10 years or less than 14 years is replaced and according to impugned interpretation “person’ includes any company, association or body of persons whether incorporated or not, institution, organization, authority or any other body established by the government under any law or otherwise”.
The petitioner revealed case proceedings of a journalist Mohsin Baig saying the Islamabad High Court has discouraged abuse of power of public officers as well as FIA as the high court has discouraged promulgation of harsh laws just to escape the public pressure.
According to the impugned amendment, the definition of aggrieved person is changed to achieve ulterior motives, any person either informant or complainant can file a complaint under the impugned amendment, it is not out of context to narrate here that due to said amendment the proxy litigation will increase and ultimately that will result in overburden the courts as well as prosecution, the petitioner submitted.
The petitioner submitted that “the said amendment is an attack upon the freedom of the judicial system and the same is liable to be declared illegal and unlawful.”
“Article 19 of the Constitution talks about the freedom of speech, freedom of expression and freedom of the press. Every citizen of Pakistan has the right to hold an opinion, the right to express them, and the right to speech. Hence this impugned ordinance is a sheer violation of Article 19 of the Constitution of Pakistan 1973,” the petitioner said. The petitioner urged the court to suspend and set aside the promulgated ordinance till final adjudication of the petition in hand.
