IHC Warns Government Over Delayed Replies in Petitions Against Peca Amendments

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Photo: Islamabad High Court Logo

On June 4, the Islamabad High Court (IHC) issued a final notice to key federal departments, directing them to submit their replies in petitions challenging recent amendments to the Prevention of Electronic Crimes Act (Peca). Justice Raja Inaam Ameen Minhas cleared that the court would proceed with the matter even in the absence of responses.

Notices were issued to the Ministry of Law and Justice, Ministry of Information Technology, the Federal Investigation Agency (FIA), and the Pakistan Telecommunication Authority (PTA), asking them to respond to petitions filed by the Pakistan Federal Union of Journalists (PFUJ), several anchorpersons, and journalist associations.

Advocate Imran Shafiq, representing the petitioners, told the court that only the Ministries of Interior and Information had submitted partial replies. He stated that the Ministry of Law and PTA had either submitted incomplete responses or failed to comply with court directions altogether. He argued that the government was deliberately delaying proceedings and had raised jurisdictional objections under the 26th Constitutional Amendment, which he dismissed as baseless.

Shafiq also pointed out that one of the government’s replies referenced a Quranic verse to justify the registration of FIRs against journalists, suggesting this was part of a broader attempt to suppress media reporting.

During the hearing, senior journalist Mazhar Abbas said that the media community was working in an atmosphere of fear. He informed the court that journalists were being harassed, summoned by the FIA, and threatened with legal action simply for carrying out their professional responsibilities. He said: “we are not demanding any special treatment,” adding, “we only ask for the protection of our constitutional rights and the right to report freely”. 

Advocate Riasat Ali Azad urged the court to grant a stay order to stop the registration of FIRs and arrests of journalists during the course of the proceedings. He also called for a penalty of Rs500,000 to be imposed on departments that had not followed the court’s directives.

Justice Minhas questioned whether journalists were currently facing restrictions on their ability to report, asking if news content was being withheld or censored.

Responding to the judge’s query, journalist Adnan Haider said that journalists were actively resisting online suppression, comparing their role on social media to that of soldiers defending the country in a traditional war.

The court granted a final opportunity for the concerned ministries and departments to file their replies and adjourned further proceedings until the second week of July.

Separately, the Sindh Human Rights Commission (SHRC) has asked the Kandhkot-Kashmore SSP to submit a report on an FIR registered by Tangwani police under Peca 2016 against 28 individuals, including journalists and civil society members. The FIR accuses them of misusing social media to spread unrest and criticise law enforcement.

SHRC Chairperson Iqbal Ahmed Detho expressed concern over the inclusion of reporters and activists in the FIR, which he described as retaliatory. He said there was growing misuse of Peca provisions, particularly those related to defamation and unauthorised transmission of information, to silence dissent.

The commission emphasized that such actions must comply with Article 19 of the Constitution, which guarantees freedom of expression and access to information. It stressed that Peca should not be misused to criminalise journalism or suppress public discourse.

 

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