PECA Ordinance: How can self-censorship be done in democratic country, says IHC

ISLAMABAD: Islamabad High Court (IHC) Chief Justice Athar Minallah on Friday asked how self-censorship could be done in a democratic country as it adjourned hearing of petitions challenging the Prevention of Electronic Crimes Act (PECA) Ordinance till March 30.

The Additional Attorney General (AAG) adopted the stance that Attorney General for Pakistan was to argue the case today, but he had engagements in the Supreme Court. Giving last Chance to Attorney General for Pakistan to give arguments on the pleas of PFUJ, APNS against PECA ordinance, the IHC raised three questions and asked the respondents to satisfy it on next hearing. Firstly, the PECA Ordinance was apparently issued in violation of articles 89 as the National Assembly session had been convened. The court asked if presidential authority to issue ordinance was rightly used. The court also wanted to know why defamation was made penal code. The court also wanted reply about misuse of Section-20 of PECA and thirdly, the law was aimed to discourage political discussions

The chief justice remarked that Pakistan is a democratic country which was being run under a constitution. The political parties were responsible for the attitude of social media users. The Federal Investigation Agency seemed to be monitoring the journalists only, he added.

He said the word ‘natural’ had been replaced with ‘institutes’ in Section 20 of PECA. For example the judges themselves could not file a complaint but the registrar office could do that, he said.

He contended that there was no objection to any positive criticism. There was a need to protect the image of some institutions like the judiciary. The AAG said the situation of freedom of expression in Pakistan had improved in last 10 to 15 years. The PECA Ordinance was not related to the press, rather it was about the misuse of social media.

He prayed to the court to grant some time for arguments regarding Article 89 of the Constitution. Chief Justice Athar Minnallah observed that it was a last opportunity for the AAG to give arguments on the matter on Monday.