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.