ISLAMABAD, April 8: The Islamabad High Court has declared the Prevention of Electronic Crimes Act (PECA) Ordinance, 2022 as ‘unconstitutional.’
The verdict was announced by IHC Chief Justice Athar Minallah on a petition submitted by the Pakistan Federal Union of Journalists.
In his order, the IHC CJ stated that freedom of expression is a fundamental right and it reinforces all other rights guaranteed under the Constitution of the Islamic Republic of Pakistan, 1973.
“Free speech protected under Article 19 and the right to receive information under Article 19-A of the Constitution are essential for development, progress and prosperity of a society and suppression thereof is unconstitutional and contrary to the democratic values.” “The criminalization of defamation, protection of individual reputations through arrest and imprisonment and the resultant chilling effect violates the letter of the Constitution and the invalidity thereof is beyond reasonable doubt,” IHC Chief Justice Athar Minallah remarked. The court further stated that the Prevention of Electronic Crimes (Amendment) Ordinance, 2022 was promulgated in derogation of the Constitution and the fundamental rights guaranteed thereunder, particularly Articles 9, 14, 19 and 19-A. -NNI
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