• Dismisses PPP, PML-N’s pleas against presidential ordinance
• PFUJ to observe ‘black day’ on Monday against ‘draconian’ law

ISLAMABAD: Suggesting political parties rather utilise the forum of parliament to settle their disputes, the Islamabad High Court (IHC) advised the opposition Pakistan Muslim League-Nawaz (PML-N) and Pakistan Peoples Party (PPP) to flex their muscles within either House of parliament to counter the controversial amendments to cybercrime laws instead of moving the court.

IHC Chief Justice Athar Minallah on Friday dismissed the PML-N and PPP’s petitions against the presidential ordinance promulgated to amend the Prevention of Electronic Crimes Act (Peca) 2016 that criminalised defamation and made it a non-bailable offence with five-year imprisonment.

In a detailed order issued on Friday, the chief justice observed that “political parties have an important role under Article 89 of the Constitution and an effective remedy has been provided thereunder”.

“It is their collective duty to uphold the Constitution by making it workable. When a political party invokes the jurisdiction of a constitutional Court, it, prima facie, manifests that the Constitution has not been made workable,” the order stated, adding political parties represented the people and were expected to resolve their disputes in parliament instead of unnecessarily involving the judiciary.

Inviting interference by a court weakens parliament besides having profound consequences for the judiciary itself. The courts’ intervention in matters that could otherwise be resolved by political parties through democratic principles and processes undermines parliament, the order further read.

The ordinance was promulgated by the president in exercise of powers conferred under Article 89 of the Constitution. The court noted “Article 89 unambiguously shows that there is a constitutional obligation to lay an Ordinance before both the Houses of the Parliament, if it does not contain provisions dealing with any of the matters referred to in sub paragraph (i) of Article 89 (2)(a), as is the case relating to the impugned Ordinance”.

Justice Minallah however observed that the PML-N and PPP could contest the ordinance within parliament since they had a significant representation there. The court order pointed out that either House of parliament is empowered to disapprove the ordinance through a resolution.

It further said the power conferred under Article 89 is extraordinary and subject to fulfillment of certain pre-conditions. It enables the executive branch to circumvent legislation through parliament, but the circumvention had to be “justified on the touchstone of the jurisdictional pre-conditions explicitly prescribed under Article 89” otherwise the exercise would become a “fraud upon the Constitution” and fall within the expression of “colourable legislation”.

The PML-N and PPP had invoked the jurisdiction of the court vested under Article 199, challenging the vires of the Prevention of Electronic Crimes (Amendment) Ordinance 2022. The political parties have a pivotal role in ensuring that the affairs of parliament are governed as per the Constitution. Whether they sit on the treasury or opposition benches, it is their obligation to demonstrably show obedience to the Constitution under Article 5, the order states.

The court dismissed the petitions, saying the matter raised by the parties had already been challenged by several important stakeholders.

LHCBA president’s plea

Lahore High Court Bar Association president Muhammad Maqsood Buttar also challenged the controversial Peca ordinance in the IHC through Advocate Hassan Irfan Khan.

The petition termed the ordinance contradictory to various constitutional rights related to safety, security, dignity of citizens, right to a fair trial and freedom of speech. It requested the court to set aside the said ordinance.

Media body meets Bilawal

Meanwhile, office-bearers of the media’s Joint Action Committee met with PPP Chairman Bilawal Bhutto-Zardari at Bilawal House, Karachi to express concerns about the draconian laws being promulgated by the federal government to gag social, electronic and all other media that severely curbed the fundamental right to freedom of expression.

Bilawal assured the delegation of his party’s commitment to freedom of the press in all forms, and directed the PPP team to challenge the laws in courts as well as all forums of political, parliamentary and social expression.

The visiting delegation included senior representatives of the CPNE, APNS, AEMEND and PBA. PPP leaders Sherry Rehman, Shazia Marri and Faisal Karim Kundi were also present on the occasion.

## PFUJ’s black day

The Pakistan Federal Union of Journalists (PFUJ) announced to observe ‘black day’ on Monday against what it calls the draconian presidential ordinance to amend Peca to gag the media and stifle dissenting voices.

In a statement issued on Friday, PFUJ president Shahzada Zulfiqar and Secretary General Nasir Zaidi said the organisation had never and would never accept such ordinances, and vowed to protest against it at every forum.

They appealed to all journalist unions to protest and hoist black flags on press clubs on Monday, hold demonstrations in front of their respective press clubs and other important places. They further said a protest would also be held in front of parliament in the coming weeks.

Imran Ayub in Karachi also contributed to this report.

Published in Dawn, February 26th, 2022