Petition for restoration of Section 20 of PECA: FIA plea in SC withdrawn, says Marriyum

ISLAMABAD: Hours after the FIA approached the Supreme Court for the restoration of section 20 in the PECA Act 2016, Information Minister Marriyum Aurangzeb announced that the plea had been “withdrawn immediately” as it went against the government's policy for freedom of expression.

“The prime minister and I learned a short while ago that FIA has filed a petition in Supreme Court against the Islamabad High Court judgment regarding the PECA Act 2016 to seek restoration of Section 20 of the Act. Please note that this petition stands withdrawn immediately, as it is squarely against the government’s stated policy and principle of standing for and ensuring freedom of expression,” tweeted the information minister.

Aurangzeb said that PM Shehbaz Sharif has “taken strict notice of the filing” of the petition. She shared that the news of the petition had reached them a “little late” as they were in Bisham for the public gathering “during the day where there were no signals”.

A FIA spokesperson also confirmed that the appeal has been “withdrawn immediately”. “FIA without taking the interior ministry and government’s approval had filed the petition,” the spokesperson told Geo News.

The Pakistan Federal Union of Journalists (PFUJ), which was made a part of the petition, welcomed PM Shehbaz Sharif's order for withdrawing the FIA’s petition.

The journalists' body said that it has been appealing for an "urgent meeting" of the Joint Action Committee to review the PECA act. "For cordial media government relations, dialogue is the only solution for ensuring right of expression and press freedom," said the PFUJ.

Before the directives were issued to withdraw the petition, the PFUJ had expressed concern over the plea. In a statement, the journalists’ body had demanded the FIA to withdraw the plea and also appealed to PM Shehbaz to take notice of the petition.

“The war of freedom of expression will continue till the goals are achieved,” PFUJ President Sahibzada Zulfiqar had said. He had also “expressed concern” over the “language used in the petition” against the PFUJ.

Earlier, Saturday the FIA had approached the Supreme Court for the restoration of the highly controversial section 20 of the PECA Act 2016.

In its plea, the director general of the FIA, had contended before the Supreme Court whether the Islamabad High Court Chief Justice Athar Minallah was “justified or correct” to strike down the Section 20 of the act.

The agency had also asked the apex court to examine whether the Islamabad High Court “has not advertently overstepped its legal parameters earmarked” in Article 199. It wanted the court to determine whether the striking of the section was tantamount to “undue intermeddling with the affairs of the federation”.

The FIA had also asked the Supreme Court to examine whether the IHC order was in “direct clash and conflict with Article 184 (3)”. The FIA had also contended in its petition whether the IHC order was “extending undue favour” to the PFUJ “without any lawful justification, as certain unscrupulous elements amongst them are involved in slinging unbecoming, unparliamentary, defamatory and sarcastic remarks and language upon the law-abiding citizens as well as the honourable judges of superior judiciary, the hierarchy of the Federation and the State institutions valiant armed forces”.

The FIA contended before the SC to examine that the FIA by issuing such a directive violated “globally recognised landmark legal maxim, i.e., audi alteram partem (hear the other side; one must hear both sides of a case before reaching a decision)”. It alleged that the bench gave full audience to the PFUJ and directed an inquiry against the FIA officials who were not a party to the case.

The investigation agency also asked the Supreme Court to examine if the IHC order was a “result of misreading and non-reading of the spirit of section 20 of PECA”.

It also asked the SC to examine whether the IHC order had “extended undue, unlawful and unbridled incentive” to the PFUJ “with a clean chit to defame those restricted by Article 19-A of the Constitution”. The FIA had prayed before the apex court to accept its appeal and “suspend” the IHC order till it hears the case.

Last month, the IHC declared the Prevention of Electronic Crimes Act (PECA) 2016 ordinance "unconstitutional", including the section of the law. The court had instructed the federal government to investigate the abuse of law and submit a report in 30 days.

Meanwhile, the media Joint Action Committee (JAC) has shown serious concern over the FIA's filing a writ petition challenging Section 20 of the infamous Prevention of Electronic Crimes Act (PECA) Act 2016 before the Supreme Court against the stated policy of the present government.

The committee, comprising Council of Pakistan Newspaper Editors (CPNE), Pakistan Broadcasters Association (PBA), All Pakistan Newspapers Society (APNS), Pakistan Federal Union of Journalists (PFUJ) and Association of Electronic Media Editors and News Directors (AEMEND), is of the considered opinion that the petition was an attempt to once again invoke the "black law," which was put to rest by the Islamabad High Court only last month. The JAC is surprised to note that the FIA took this decision without obtaining approval from the government.

The JAC pointed out that it was given personal assurances from the-then leading members of the opposition (PMLN President Shehbaz Sharif, PPP Chairman Bilawal Bhutto Zardari, Muttahida Qaumi Movement-Pakistan (MQMP) Convener Khalid Maqbool Siddiqui and Jamaat-e-Islami Pakistan Ameer Sirajul Haq) that the draconian law was not acceptable.

While rejecting the amendments to the PECA law, Federal Minister for Information and Broadcasting Marriyam Aurangzeb had also assured the JAC that the government will also review the original PECA Act after holding deliberations with all the stakeholders.

The media JAC seeks fulfillment of the assurances given by the coalition government. The JAC requests Prime Minister Shehbaz Sharif to personally intervene and ask the concerned to hold discussions with the JAC to address the gaping holes in the PECA Act 2016. The JAC believes that failure to do so would affect the credibility of this government's commitment to freedom of speech.

The JAC appreciated Information Minister’s statement that the FIA had filed the petition without government’s knowledge and that it was being withdrawn. The JAC has also noted the statement of FIA in which it has stated that it will withdraw the appeal. However, the committee demands that a thorough investigation be initiated to find out how the FIA filed the petition without obtaining approvals from the relevant ministries of the federal government.