The Sindh High Court on Monday issued notices to the federal government and others on a petition against recent amendments to the Prevention of Electronic Crimes (Amendment) Act (Peca) with regard to punishment for spreading fake or false information.
The petitioners, including Mohammad Anis, submitted that the federal government introduced sections 2R and 26A into the Peca amendment, which were against the freedom of press and expression, and liable to be struck down. Their counsel Ali Tahir submitted that the impugned sections were prone to discriminatory application as they disproportionately targeted critics of the government while shielding the state institutions and its officers from accountability.
He said Section 26A undermined judicial independence by allowing executive authorities to determine what constituted false or fake information without judicial oversight. He said this provision lacked procedural safeguards such as right to fair trial and presumption of innocence violating Article 10 (A) and due process.
The counsel submitted that punitive measures under Section 26A were grossly disproportionate to the alleged offence as they did not require proof of malicious intent or actual harm, making it a tool for arbitrary prosecution.
He said the Supreme Court had also held that no one, including any department or intelligence agency, could curtail the fundamental right of freedom of speech, expression andpress beyond the parameters mentioned in Article 19 of the Constitution. The SHC was requested to declare sections 2R and 26A of the Peca amendment to be against the Constitution and set aside the same from statute.
A division bench headed by Chief Justice Mohammad Shafi Siddiqui, after the
preliminary hearing of the petition, issued notices to federal government and others and called their comments.
