Categories Courts

Superior Courts’ Intervention Sought Against PECA Amendments

Top court as well as Sindh High Court has been urged to strike down recently promulgated  ame­ndments to the Prev­en­tion of Electronic Cri­mes Act (PECA) taking plea that the law posing a threat to press freedom and fundamental rights.

Filing a plea before Supreme Court – Muha­m­mad Qayum, a resident of Ghizer in Gilgit-Balti­stan, sought a full court review of the recent cha­nges, saying that PECA tweaks were against the Constitution, beyond the power of the legislature and extremely repugnant to the human rights, fundamental rights and freedom of expression and speech.

The petitioner urged the court to strike down the law after a judicial review by the full court. He argued that in the national interest to maintain peace and stability both the amendment as well as the existing law should be reviewed.

The petition alleged that the law was introdu­ced to target oppon­ents and therefore these could not be sustained and must be restricted. The pet­ition also stated that until the final adjudication of the case, the law may be suspended by the court.

The petitioner explai­n­ed that he filed the petition in the larger interest of the public and therefore the matter should be fixed on an urgent basis. The petition said that the Sup­reme Court reviewed act­ions of the executive in the past to determine whether these actions were authorised by the acts of parliament, adding the judicial review was now well established as a cornerstone of the constitutional law.

The petition also questioned whether it was not the duty and responsibility of an independent and impartial judiciary to invoke suo motu in the interest of the country by intervening and ensuring peace, justice and equity in the society.

Meanwhile, the president of the Karachi Union of Journalists approached the Sindh High Court against the amendments to the PECA law. Fahim Siddiqui along with another petitioned the SHC and asserted that the amendments were an attack on freedom of speech and expression as well as freedom of the press and the same was enacted in violation of Article 19.

The petition cited the law ministry and the information and the telecom secretaries as respondents and urged the SHC to strike down the amendments.

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, and Civil and Criminal Law. Contact: mohla@lawtoday.com.pk

More From Author

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Punjab Judicial Academy, Justice Aalia Neelum, Lahore High Court, PJA Board Meeting, first female Chairperson PJA, judicial training Punjab, judicial reforms Pakistan, Punjab Judicial Academy Act 2007, Section 4 PJA Act, judicial officers training, court personnel training, court management training, case management Punjab, delay reduction techniques, alternate dispute resolution training, judgment writing training, judicial administration Punjab, legal education Pakistan, Sardar Ahmed Naeem, Justice Sajid Mehmood Sethi, Justice Jawad Hassan, Amjad Iqbal Ranjha, Lahore news, judicial capacity building, Federal Judicial Academy collaboration, legal research Punjab, judicial ethics training, law and development Punjab, legislative drafting training, PJA conferences seminars workshops.

Chief Justice LHC Justice Miss Aalia Neelum Chairs PJA Board Meeting, Marks Historic First for Academy

LAHORE – Days ago the Punjab Judicial Academy marked a significant milestone when Chief Justice…

Federal Constitutional Court (FCC), 27th Constitutional Amendment, FCC commences operations, judicial arena, Islamabad High Court (IHC), FCC judges oath-taking, Justice Rozi Khan Barrech, Justice Arshad Hussain Shah, Chief Justice Aminuddin Khan, courtrooms arranged, logistical issues, teething problems, IHC Courtroom No. 2, Chief Justice Sardar Muhammad Sarfraz Dogar, FCC high-profile cases, amenity plots case, Sindh High Court (SHC) judgment stayed, Karachi Metropolitan Corporation (KMC), public-interest case, IHC relocation, Red Zone difficulties, Judicial Commission of Pakistan (JCP), Justice Miangul Hassan Aurangzeb, superior judiciary Pakistan, structural change judicial framework.

Federal Constitutional Court Opens in IHC Building, Ushering in New Post-27th Amendment Judicial Order

ISLAMABAD – The Federal Constitutional Court (FCC) finally commenced operations on Monday, marking the first…

Lahore High Court, 27th Constitutional Amendment, challenged, judicial independence, Muhammad Azhar Siddique, Munir Ahmed, Mian Shabbir Ismail, basic structure violation, Supreme Court original jurisdiction, Federal Constitutional Court, abolition of Supreme Court powers, 1973 Constitution, judicial history distortion, compromise of judiciary, legislative transparency, lack of public debate, void amendment, stay on implementation.

Constitutionality of 27th Amendment Challenged in LHC

LAHORE – Invoking jurisdiction of the Lahore High Court – petitioners challenged legality of the…