PECA ordinance draconian in present form: AGP Khalid Javed Khan

ISLAMABAD: Media organisations, lawyer bodies and political parties on Tuesday strongly reacted to promulgation of the ordinance amending the Prevention of Electronic Crimes Act (PECA) 2016, termed it a draconian law and challenged it in the Islamabad and Lahore high courts.

Attorney General for Pakistan (AGP) Khalid Javed Khan, while talking to Geo News reporter Abdul Qayyum Siddiqui, said that PECA Ordinance would be a draconian law only if it was implemented as it is. “The PECA (amendment) ordinance will be draconian if it will come into force as it is,” he said adding “This law will be regulated for enforcement.”

Separately, talking to the media on the Federal Shariat Court premises, he said the amendments to PECA law would not be retroactive. “The amendments will not come into effect retroactively,” he clarified. He said PECA law would to applicable only in serious-nature cases. “It will not be applicable to every case. It may be used for only one in 5,000 cases,” he claimed.

“This ordinance has not been applied in legal action against Mohsin Baig, neither it will be,” he added. “The high court is trying to make the amendment toothless,” the AG said adding that “I will assist the court fully in this regard.”

Commenting on the election code of conduct amendment, the AGP claimed that it did not curtail powers of the Election Commission of Pakistan (ECP).

Also, AGP Khalid Javed Khan met Prime Minister Imran Khan and briefed him about legal aspects of the PECA law. In a talk with Geo News, he assured that the law would not be implemented in its current form and it would be regulated first. He said the government had no intention to place any curbs on freedom of expression.

Meanwhile, the newly promulgated ordinance that amended the Prevention of Electronic Crimes Act (PECA) 2016 was challenged in Islamabad High Court (IHC) and Lahore High Court on Tuesday.

The Pakistan Federal Union of Journalists (PFUJ) moved a petition in the IHC stating that President Arif Alvi promulgated Prevention of Electronic Crimes (Amendment) Ordinance 2022, whereby amendments have been brought in the existing Prevention of Electronic Crimes Act 2016.

The petitioner stated that the promulgation of the ordinance is based on “malice” as the required conditions have not been met by the government.

The ordinance was promulgated two days after the end of the Senate session on Feb 17 and the session of the National Assembly was scheduled for Feb 18 but was called off at the eleventh hour, it pointed out, adding that, “by doing so the respondents have promulgated the ordinance with deliberate intent in order to avoid the due process of legislation”.

“No emergency situations had arisen which called for issuance of an ordinance of this nature as it could have waited till the session of the National Assembly was called,” the petitioner argued.

It said that freedom of expression is one of the fundamentals of a healthy democracy and to create an environment where people of the country are penalised for speaking their heart out, to express their opinion, to present facts before the general public, is against the democratic values given by not only the constitution of Pakistan but the world over.

Separately, Rana Ayub Khawar filed a petition in the LHC challenging the ordinance. Both high courts have been pleaded to strike down the impugned PECA Ordinance of 2022. IHC Chief Justice Athar Minallah will take up the PFUJ petition on Wednesday (today) for hearing.

Also, in a joint declaration after a meeting between PMLN President Mian Shehbaz Sharif and PPPP head Asif Ali Zardari, held at Bilawal House Lahore, it was announced that all-out efforts would be made to rid the country of the present government in accordance with the aspirations of people. The joint declaration also condemned the PECA law meant to impose curbs on the media. It was announced that the rulers, trying to usurp the rights of the nation, would be sent packing soon.

Separately, Supreme Court Bar Association (SCBA) President Ahsan Bhoon condemned the PECA (Amendment) 2016, announcing that the association would challenge its promulgation in the court.

“Under the guise of PECA Ordinance, the ruling elite had once again launched a vicious agenda to cut throat its political opponents and to silence those who believe in freedom of speech, opinion, and expression, so as to hide its insane and continuous failures,” a press statement issued by the SCBAP on Tuesday read.

Also condemning the Election (Amendment) Bill 2017, the statement relayed that both ordinances were “strictly ultra-vires to the Constitution”. Following suite, the Sindh High Court Bar Association (SHCBA) issued a press release ‘unequivocally’ condemning the PECA ordinance, which it termed a black law, taking issue with the president’s promulgation of the ordinance without consultation from Parliament first.

“What the SCHBA finds most alarming is that by virtue of these oppressive amendments, the so-called sacred cows in authority that wish to be above all and any criticism (whether in the discharge of their public duties or in their personal affairs), can bring about an action to sue any critic through a proxy / member of the public!” the SHCBA press release read.

Karachi Press Club (KPC) President Fazil Jamili and Secretary Muhammad Rizwan Bhatti Tuesday said the journalist community had deeply been dismayed by the government’s imposition of fresh curbs on the freedom of speech and expression that the Pakistani citizens are constitutionally entitled to.

In a joint statement, they said through a presidential ordinance, itself an inherently undemocratic tool for legislation, the ruling Pakistan Tehreek-i-Insaf (PT) slapped fresh amendments to the black law known as PECA (Prevention of Electronic Crimes Act) without considering what repercussions it would have on Pakistan’s citizenry.

Meanwhile, Pakistan Muslim League Nawaz (PMLN) declared PECA a violation of basic human rights and pledged complete support to the Media Joint Action Committee against the law.

In a statement issued in Lahore on Tuesday, former information minister Marriyum Aurengzeb said that the ordinance was a unique blunder where punishment comes before even defining the crime. Independent and upright judges had been made to bow down before the administration which was against the concept of freedom and independence of the judiciary, she said adding this black law was a violation of the Constitution of Pakistan and the spirit of the freedoms it promises.

Parliamentary Leader of the PPP in Senate Sherry Rehman Tuesday termed the ordinance to amend Prevention of Electronic Crimes Act (PECA) a gag order to silence dissent and said that the PTI had created a republic of fear with its draconian laws and suppression of democratic rights and freedom of expression.

“The promulgation of PECA amendment bill is a big blow to democracy as the incumbent government has formalised another way to silence criticism, while encroaching on people's right to freedom of speech and freedom of press, both of which are enshrined in Pakistan’s Constitution in Article 19,” she said.

Senator Sherry said the draconian law was a page from the handbook of tactics of a dictatorial and fascist government. “All key stakeholders, from journalists, digital rights activists to human rights organisations, have categorically condemned the bill,” she said.   - News Desk