KARACHI: The Sindh High Court (SHC) on Monday decided the issue of maintainability of a petition challenging recent amendments to the Prevention of Electronic Crimes Act (Peca) and put the ministry of law and justice on notice for further hearing.

A two-judge SHC bench comprising Chief Justice Muhammad Shafi Siddiqui and Justice Jawad Akbar Sarwana also issued a notice to a federal law officer for a date to be fixed by the office of the court in two weeks.

Journalist and Vlogger Anis Mansoori and three others had moved the SHC against amendments to the Peca law and asked the court to declare newly-inserted sub-sections (2R & 26A) introduced through Sections 3 and 5 of Peca 2016 as ultra vires of the Constitution.

On a previous date, the court had asked the petitioners’ counsel to satisfy the bench on the maintainability of the petition.

Arguing on maintainability of plea, petitioners’ counsel says regular benches can examine issues involving fundamental rights

Advocate Ali Tahir argued that the subject issue was related to fundamental rights and required to be decided by the court.

When the judges asked the lawyer whether the petition came within the jurisdiction of the constitutional benches of the SHC, the counsel replied that the high court had already decided in a case that regular benches could examine and decide matters involving fundamental rights.

The bench, after hearing his arguments on the issue of maintainability, issued notices and adjourned the hearing.

The petitioners submitted in the petition that the amendments to Peca were an attack on freedom of speech and expression as well as freedom of the press.

They stated that freedom of speech in Pakistan has faced severe curtailment particularly after the Feb 8, 2024 general elections, which were marred by widespread allegations of rigging, internet blackouts and violence.

They contended that the sweeping restrictions imposed on the media had been further institutionalised through the impugned amendments introducing overboard provisions to criminalise dissent under the guise of combating fake news and cybercrimes.

The petitioners further argued that the impugned provisions had been used to target journalists, activists, political opponents effectively silencing critical voices and undermining democratic discourse.

They maintained that Article 14 of the Constitution protected the dignity of individuals including their right to express opinions without fear of arbitrary prosecution. However, punitive measures introduced through the impugned amendments — up to three years of jail term and up to Rs2 million fine — were grossly disproportionate to the alleged offence as well as the purported aim of preventing public unrest and violating the country’s international obligations.

They submitted that the amended law was enacted in violation of Article 19 and asked the SHC to strike down the amendments.

It may be recalled that the president of a faction of the Karachi Union of Journalists had also filed an identical petition before the SHC against the amendments to the Peca law.

The KUJ cited the law and information and telecom secretaries as respondents, termed the amendments an attack on freedom of speech and expression and asked the SHC to declare the amendments ultra vires of the Constitution.

Published in Dawn, February 11th, 2025