ISLAMABAD/LAHOUR: Prominent lawyers’ bodies across the country have stepped in to condemn the government for taking the repressive measures. an amendment The controversial electronic crime law, which has been challenged in the Islamabad and Lahore High Courts and curbs on people’s basic liberties and fundamental rights, is set to hit the top court soon.
On Tuesday, the President’s ordinance was challenged by a fact of the Pakistan Federal Union of Journalists (PFUJ) in the Islamabad High Court (IHC), and will be taken up by IHC Chief Justice Athar Minallah on Wednesday (today). ,
The petition states that an attempt was made to amend the PECA at the eleventh hour when the Senate was in session, only a day before the promulgation of the ordinance. It seems that OR had already drafted the session and were waiting for the session to end so that they could bypass due process of law.
The petition said that the amendment removes an important provision and eliminates the scope of regulation by the Pakistan Electronic Media Regulatory Authority in the case of broadcast media. The Constitution calls for promoting democratic values in the country and ensuring the fundamental rights of the press along with freedom of speech and expression.
Lawyers’ bodies come down on government, resolve to protect right to freedom of expression, media
Chief Justice Minallah on Monday, while hearing a petition filed by media personality Mohsin Baig, expressed displeasure over the misuse of PECA by the Federal Investigation Agency (FIA) and put its cyber crime wing director Babar Bakht Qureshi on notice.
LHC files petition
Advocate Chaudhry Saeed Zafar, through a writ petition before the Lahore High Court, criticized the amendments in PECA, arguing that the sole purpose behind the promulgation of the ordinance was to directly attack the judicial system as well as the independence of judges.
They say that the impugned ordinance is against the fundamental rights of freedom of expression enshrined under Article 19 of the Constitution. They argue that the High Courts had repeatedly ruled that no government, including any department or law enforcement agency, can curtail the freedom of speech, expression and press beyond the parameters of Article 19.
He says that it is the duty of the judiciary to review the law which violates any provision of the constitution. He appeals to the court to declare the disputed ordinance illegal and void, and to immediately suspend the operation of the law until a final decision on the petition is made.
Condemnation of lawyer bodies
Representative bodies of top lawyers have termed the amendment to PECA as an attempt to curtail freedom of speech, opinion and expression.
While the Pakistan Bar Council (PBC) demanded the government to immediately roll back the change, the Supreme Court Bar Association (SCBA) vowed to challenge the ordinance soon. A day earlier, the Sindh High Court Bar Association (SHCBA) had called on Parliament to effectively use its legislative powers to strengthen the nation, rather than go down the path of repression.
The controversial ordinance has not only made online defamation a non-bailable offence, but has also expanded the FIA’s purview, increasing the punishment from three to five years.
PBC vice-chairman Hafeezur Rehman Chowdhury and executive committee chairman Muhammad Masood Chishti said the ordinance was an attempt to restrict freedom of expression and voice of dissent in the media. The government wanted to crack down on critics and those working towards upholding the rule of law.
He further said that while laws were already in place to protect institutions, the legal fraternity always supported a free media and did not accept any attempt against its independence.
SCBA President Muhammad Ehsan Bhun said the ordinance was against the Constitution and the SCBA would soon challenge it. In a statement, Mr Bhun also criticized the announcement of the Elections (Amendment) Bill 2017, which allowed MPs or members of local government to attend or address public meetings during elections.
He alleged that the ruling elite, in order to hide their failures, has once again launched a vicious agenda to silence their political opponents and all those who believe in freedom of speech, opinion and expression. He further said that the PECA ordinance is a classic example of authoritarian mindset and reflection of extremism.
He stressed that the issue of fake news needs urgent attention to be addressed, but that any measure contrary to the Constitution and against personal liberty should not be allowed.
The SHCBA said through a resolution that the ordinance was “a colorful exercise of power” by the President and the Federal Law Minister, regretting that Parliament was brought into recess to allow only a black law to be signed.
It is worrying that through these repressive amendments the so called holy cow could sue a critic through proxy or a member of the public. The ordinance tramples on the fundamental right to freedom of expression and remains a relic of fascist and dictatorial regimes, regrets the resolution.
Punjab Bar Council (PBBC) Vice Chairman Syed Zafar Tayar Bukhari said in a statement that the government wants to silence the voices of protest through force. He said that the legal fraternity would thwart every move of the government to curb freedom of expression and press.
Describing the ordinance as a black law, LHC Bar Association president Maqsood Buttar said it was intended to suppress scrutiny and criticism of the government’s “pathetic performance” in the media.
The Lahore Tax Bar Association also demanded the withdrawal of the ordinance, saying it was an attempt to curtail freedom of expression and media.
Supports PML-N media
The PML-N has promised full support to the Media Joint Action Committee against Peka. In a statement, PML-N Information Secretary Maryam Aurangzeb called the ordinance a “unique mistake” where punishment comes even before the offense is defined. “Independent and honest judges have been forced to bow before the administration,” she claimed.
He said that while the PML-N will fight at all forums to protect the freedom of expression and press, “these forces of fascism” will be defeated.
Published in Dawn, February 23, 2022