Amendments to Prevention of Electronic Crimes Act Challenged in Court

The recently promulgated Presidential Ordinance which amended the Prevention of Electronic Crimes Act (PECA) 2016 has been challenged in Islamabad High Court (IHC) and Lahore High Court (LHC).

According to details, the Pakistan Federal Union of Journalists (PFUJ) has moved to the IHC, and Advocate Rana Ayyub Khawer has moved to the LHC against the PECA Amendment Ordinance 2022.

The petitioners have contended that freedom of expression is a fundamental right in a democratic country and the PECA Amendment Ordinance 2022 goes against it.

They have pleaded with both high courts to revoke the Presidential Ordinance to ensure the preservation of the right of freedom of expression enshrined in the 1973 Constitution.

Note here that the amendments to PECA 2016 were signed into law through a Presidential Ordinance on 19 February. The session of the Senate ended on 17 February while the session of the National Assembly scheduled on 18 February was called off at the eleventh hour.

Legal experts have alleged that the government deliberately promulgated the amendments through an ordinance to avoid due process of legislation, adding that there was no extraordinary situation when the amendments were signed into law under Article 89 (1) which states:

The President may, except when the Senate or National Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an Ordinance as the circumstances may require.