Islamabad High Court (IHC) has remarked PECA ordinance prima facie is in clash with the constitution and law is already in place for punishing slanderer.
The court further remarked what was the need for promulgating PECA amendment ordinance adding as to why section 20 of PECA amendment ordinance be not nullified.
The court observed sentence for five years is there under the law for slandering. There should be no restriction on criticizing public office holder.
The PECA amendment ordinance came before the single bench of IHC presided over by Chief Justice (CJ) Athar Minallah Friday.
Qazi Adil appeared before the court on behalf of PFUJ. Secretary PFUJ Nasir Zaidi also appeared in the court.
The court remarked “ assist the court as to why section 20 of PECA amendment ordinance be not declared null and void. The ordinance prima facie runs contrary to the constitution. FIA abused its powers persistently.
The court inquired where was Attorney General (AG) Khalid Javed Khan.
Deputy Attorney General (DAG) Qasim Wadood told the court AG is in Supreme Court (SC) for pursuing presidential reference.
During the hearing of the case the court observed there is sentence for five years for slandering. There should be no ban on criticizing the public office holder. What was the need for PECA amendment ordinance.
DAG told the court AG will pursue the case.
The court remarked when stay order was issued on section 20 of this ordinance then the government should withdraw this ordinance. When President of Pakistan summoned parliament session the PECA amendment ordinance was promulgated on the same day.
Munir A Malik said in his arguments I brought the important thing with reference to PECA ordinance to the of court that some institution can be insulted. Why the government has apprehensions about the honor of the judges. The respect and fame comes out from the judgment for the judges. Judges have taken the oath of their office. No one can impress the judges. No one can subject the judges to character assassination. If some one is doing wrong thing then the people should raise voice over it. Prima facie PECA amendment ordinance is in clash with the constitution. FIA misused its powers continuously. The powers were misused to stifle the criticism and dissident voices.
AAG told the court should give time for interpretation of article 89.
The court remarked the social media is facing threat from whom.
Advocate COL (Retd) Inam ul Rahim told that court should give time for interpretation of article Pakistan name is in grey list due to this reason. Pakistan is earning ill fame in the entire world due to such law.
The court remarked FIA is under the control of government.
The court while addressing AAG remarked president of Pakistan bypassed the parliament. Assist the court on this matter.
The court directed the AG to appear before it in person on next hearing. The court remarked if AG can not appear then he should file written arguments . Last chance is being given to AG.
Usman Warraich told the court FIA issued notice to another journalist on what’s app.
The hearing of the case was adjourned till March 30.
