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Express Tribune
17-02-2025
- Politics
- Express Tribune
IHC acting CJ takes up PECA plea
ISLAMABAD: Justice Muhammad Sarfraz Dogar, the Islamabad High Court's (IHC) newly appointed acting chief justice, took up on Monday a petition filed against the recent amendments to the country's cybercrime law, the Prevention of Electronic Crime Act (PECA), 2016. Justice Dogar was one of the three judges who were transferred from three different provincial high courts to the IHC through a notification issued by the Ministry of Law and Justice on February 3. Five IHC judges filed representations against the transferred judges after the IHC former chief justice, Aamer Farooq, issued a new seniority list in which Justice Dogar appeared as the senior puisne judge. Justice Farooq later rejected the representations and after his elevation to the Supreme Court, Justice Dogar was sworn in as the IHC's acting chief justice in a ceremony boycotted by a number of his IHC colleagues on February 14. On Monday, a single-member bench comprising Justice Dogar addressed the petition filed against the PECA (Amendment) Act, 2025 by the IHC Journalist Association (IHCJA). The IHCJA's lawyer, Mian Samiuddin, informed the bench that similar petitions against PECA amendments were being heard by IHC's Justice Inam Amin Minhas. Responding to a query of the judge, the lawyer said Justice Minhas had adjourned the case for two weeks. He requested the IHC acting chief justice to form a larger bench to hear the plea. Justice Dogar replied that Justice Minas would decide whether a larger bench was needed or not. He instructed the IHC registrar to club the IHCJA's petition with other petitions filed against the PECA (Amendment) Act, 2025. The petition stated that the PECA (Amendment) Act, 2025 is an attack on press freedom and is unconstitutional and illegal. It requested judicial review, arguing that the amendment act violates Articles 19 and 19A of the Constitution.


Express Tribune
17-02-2025
- Politics
- Express Tribune
Islamabad High Court Journalists Association challenges PECA amendments
Listen to article The Islamabad High Court Journalists Association (IHCJA) has filed a petition in the Islamabad High Court, challenging the government's recent amendments to the controversial Prevention of Electronic Crimes Act (PECA). The petition argued that the amendments constitute an "attack on press freedom" and requests a judicial review. The petitioner's lawyer has also asked the court to form a larger bench to hear the case. The IHCJA's petition contended that the PECA amendments violate Articles 19 and 19A of the Constitution, which protect freedom of speech and information. It further claimed the law grants the government excessive censorship powers, infringing on digital rights. Additionally, the petition argued that the regulatory authority created under Peca lacks constitutional legitimacy. Acting IHC Chief Justice Sarfaraz Dogar directed that the case be linked with other pending petitions before Justice Inam Amin Minhas, who will decide on the request for a larger bench. The acting chief justice also inquired about the schedule for the case, which has been postponed for two weeks. The amended law, which received assent from President Asif Ali Zardari, includes new definitions, the creation of regulatory bodies, and stricter penalties for spreading "false" information. The amendments reduce the punishment for spreading fake news online to three years in prison and impose fines of up to Rs2 million. It also proposes the establishment of the Social Media Protection and Regulatory Authority (SMPRA), the National Cyber Crime Investigation Agency (NCCIA), and a Social Media Protection Tribunal. The amendments empower individuals who feel aggrieved by false information to approach the authority for the removal or blocking of such content, with orders to be issued within 24 hours. Additionally, the law allows the authority to require social media platforms to register with it, and establishes a Social Media Complaint Council to handle complaints. The amendments also propose the creation of Social Media Protection Tribunals to resolve cases within 90 days, with appeals allowed to the Supreme Court within 60 days.