PECA Amendment Act is 'draconian law', remarks IHC CJ

Islamabad: The Islamabad High Court (IHC) on Thursday has declared Prevention from Electronic Crime Act (PECA) Amendment Ordinance 2022 as ‘draconian law’.

During the hearing of petitions filed against the PECA Ordinance as well as those challenging the authority of the Federal Investigation Agency (FIA), IHC Chief Justice (CJ) Athar Minallah asked as to why the government was in such a rush that it could not help issuing the ordinance. 

IHC Chief Justice Athar Minallah remarked that the government had made the PECA Ordinance worst than the NAB law. "The people will not write anything in fear of the arrest after the promulgation of the ordinance," he observed.

The chief justice observed it was pity that the people raising voice against the government would be arrested. "The PECA Ordinance is in clash with the Article 19 of the constitution.

The court also extended the stay order regarding section 20 of the PECA Ordinance. Attorney General Khalid Javed Khan assured the court of cabinet's consultation over the PECA Ordinance.

The CJ said that whenever an ordinance is prepared, it has to get green signal from both the Houses over which, Attorney General said that the approval can be taken from even one House.

Responding to the attorney general, the court remarked that the ordinance is considered to be rejected even if any of the two Houses votes against it.  

IHC had stopped the authorities from carrying out arrests under the section 20 of PECA Amendment Bill 2022.

While conducting hearing on petition filed by Pakistan Federal Union of Journalists (PFUJ) against the ordinance, the court remarked that the director general of Federal Investigation Agency (FIA) will be responsible if detentions will be made under the section 20.

The IHC further strictly ordered to follow standard operating procedures (SOPs).