The Council of Pakistan Newspapers Editors (CPNE) on Friday lauded the Islamabad High Court decision which declared the amendments to the Pakistan Electronic Crimes Act (PECA) through an ordinance promulgated in February this year as “unconstitutional”. In a statement, CPNE President Kazim Khan said an independent judiciary is imperative for constitutional supremacy. "The exploitation of the Constitution is an unpardonable crime." Kazim hoped that the doctrine of necessity is buried with the decision. "The victory should be of constitutions and not of any individual or institutions." Read more: PECA ordinance ‘unconstitutional’: IHC He further said that the decision has proved the need for independent institutions and supremacy of the constitution. Earlier today, the decision was announced by IHC Chief Justice Athar Minallah while hearing petitions filed against the PECA ordinance by the Pakistan Broadcasters Association (PBA) and other media bodies. In a four-page order, Justice Minallah declared Section 20 of the PECA law “null and void”. The IHC has also ordered an investigation into the abuse of power by the Federal Investigation Agency (FIA) under the PECA law and the interior secretary has been directed to submit a report in this connection within 30 days. Also read: MQM-P leader asks PM Imran to drop idea of amending PECA The court said the cases registered under Section 20 of PECA had been dismissed. The IHC said the government was expected to review the legislation concerning defamation as freedom of expression was one of the fundamental rights. “Access to information and freedom to express opinions is vital for a vibrant society,” the verdict read, adding that attempts to undermine these rights were contrary to the democratic spirit and against the Constitution. The interior secretary needed to launch an investigation into the conduct of FIA’s cybercrime officials over rampant abuse of power by the government agency. It further stated that the PECA ordinance violated Article 9, Article 14, Article 19, and 19-A of the Constitution. “The Prevention of Electronic Crimes (Amendment) Ordinance, 2022 and promulgation thereof is declared as unconstitutional, invalid beyond reasonable doubt and it is, therefore, struck down,” the verdict read.
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