Respondents asked to submit comments
TERENCE J SIGAMONY
ISLAMABAD: The Islamabad High Court (IHC) gave a deadline to the respondents to submit comments in the petitions challenging amendments in the PECA Act.
A single bench of Justice Inaam Ameen Minhas on Wednesday heard the petitions of Pakistan Federal Union of Journalists (PFUJ), anchors association and Islamabad High Court Journalists Association (IHCJA).
In the petition, counsel of the journalist body adopted the stance that the PECA (Amendment) Act is unconstitutional and illegal; hence, the court should conduct judicial review on it.
The petition said the PECA (Amendment) 2025 increased the government control and restrictions on freedom of speech. It said the PECA law violated Article 19 and 19(A) of the Constitution as well. Therefore, it pleaded, the law should be suspended.
During the hearing, Advocate Imran Shafiq and other lawyers appeared in the court on behalf of the petitioners.
Advocate Shafiq said the federal government has filed its reply only through the Ministry of Interior and the Ministry of Information while the Ministry of Law and Justice, Parliamentary Affairs and the PTA have not submitted any response yet.
He informed the bench that the federal government has raised a question on the jurisdiction of this court. He added that the federation has stated that after the 26th Constitutional Amendment, only the Constitutional Bench of the High Court can hear this case.
The lawyer said the second objection was raised while giving a reference of a Quranic verse that before spreading the words, do research. The lawyer said the FIRs are being registered against people and the court should hear this case soon.
The IHC bench asked whether there is no news going on? Is someone preventing news from being given or published?
Riasat Ali Azad advocate prayed the court to issue a stay order that there will be no FIR or arrest against the journalist for reporting the news.
He said that the parties are not submitting a response and are taking time from the court.
Journalist Mazhar Abbas said that an atmosphere of harassment has been created in the media industry and the journalists are being summoned and harassed by the FIA.
The petitioner’s lawyer said the parties should be directed to file their replies and provide a copy of the replies to the petitioners in advance before the next hearing.
Justice Inaam remarked that even if the response is not filed, the hearing will still be continued.
He said that this case would take a long time and therefore, it will be scheduled after Eid.
Later, the court deferred hearing of the case till the second week of July.
The PFUJ said in the petition that the law infringed international human rights as well as digital rights in Pakistan. The petition read: “…a writ may be issued declaring that the Prevention of Electronic Crimes (Amendment) Act, 2025 is unconstitutional, being violative of the fundamental rights guaranteed by the Constitution, due process, fair trial, and the concept of regulatory independence, as well as the doctrines of fairness, proportionality, reasonableness, and constitutional limitations or restrictions, hence void, and liable to be struck down.”
Therefore, the PFUJ prayed that the respondents may be restrained and prevented from employing the coercive powers under the Prevention of Electronic Crimes (Amendment) Act, 2025, in general, and against the journalist community, in particular till final disposal of the instant petition.