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ISLAMABAD/KARACHI: Days after their promulgation, the amendments to the Prevention of Electronic Crimes Act (Peca) faced separate challenges in the Supreme Court and the Sindh High Court for posing a threat to press freedom and fundamental rights.
The petition filed in the Supreme Court by Muhammad Qayum, a resident of Ghizer in Gilgit-Baltistan, sought a full court review of the recent changes, saying that Peca tweaks were against the Constitution, beyond the power of the legislature and extremely repugnant to the human rights, fundamental rights and freedom of expression and speech.
The petitioner urged the court to strike down the law after a judicial review by the full court. He argued that in the national interest to maintain peace and stability both the amendment as well as the existing law should be reviewed.
The petition alleged that the law was introduced to target opponents and therefore these could not be sustained and must be restricted. The petition also stated that until the final adjudication of the case, the law may be suspended by the court.
The petitioner explained that he filed the petition in the larger interest of the public and therefore the matter should be fixed on an urgent basis.
The petition said that the Supreme Court reviewed actions of the executive in the past to determine whether these actions were authorised by the acts of parliament, adding the judicial review was now well established as a cornerstone of the constitutional law.
The petition also questioned whether it was not the duty and responsibility of an independent and impartial judiciary to invoke suo motu in the interest of the country by intervening and ensuring peace, justice and equity in the society.
Meanwhile, the president of the Karachi Union of Journalists approached the Sindh High Court against the amendments to the Peca law.
Fahim Siddiqui along with another petitioned the SHC and asserted that the amendments were an attack on freedom of speech and expression as well as freedom of the press and the same was enacted in violation of Article 19.
The petition cited the law ministry and the information and the telecom secretaries as respondents and urged the SHC to strike down the amendments.
Published in Dawn, February 5th, 2025
