ISLAMABAD
Islamabad High Court (IHC) has declared the PECA amendment ordinance unconstitutional.
The court has also ordered to hold inquiry against the FIA Cyber Crime officers involved in misusing their powers.
The court issued these orders while announcing decision in senior journalist Mohsin Jamil Baig case and the petitions filed by Pakistan Federal Union of Journalists (PFUJ) and PBA against PECA amendment ordinance on Friday.
The cases came up for hearing before single bench of IHC presided over by Chief Justice (CJ) IHC Athar Minallah.
The court said in its decision interior secretary will complete the investigation against the officers within 30 days.
The court also declared unconstitutional the sentence related to defamation under section 20 of PECA 2016. The court also dismissed the cases registered by FIA under section 20.
The court maintained in its decision it is expected the federal government will review defamation act 2002 and steps will be taken to make them effective.
The court maintained in its decision that freedom of expression is a fundamental right. The right of access to information and freedom of expression are must for the development and prosperity of the society. Gagging the right of access to information and freedom of expression is unconstitutional and contrary to the democratic norms.
PFUJ Petitioner Rizwan Qazi along with his counsel Adil Aziz Qazi and deputy attorney general Syed Tayyab Shah, Director FIA Babar Bakht Qureshi and others appeared in the court. FIA filed report under the orders of court.
The CJ IHC remarked any one is answerable too. The rights of the people are being trampled. SOPs were placed before the court and they were trampled.
The CJ IHC while addressing FIA personnel remarked you trampled SOPs and you imposed those sections which were not applicable. You imposed these sections to avoid court. Tell us how can this all be avoided.
Director FIA Babar Bakht Qureshi said law stands enacted and pressure comes to implement it.
The CJ IHC remarked application is filed in Islamabad and case is registered in Lahore. At the same time raid is conducted in Islamabad. The local police are also at fault with regard to this step. Tell us have you taken action for the sake of common man. Had you done so then court would have fully supported you.
Director FIA said arrest is made ahead of registration of FIR and then FIR is registered after recovery is made from him.
The CJ IHC while expressing annoyance over FIA personnel remarked how you can arrest. How can you arrest and under what law. You are not repentant over your action.
The court announced the judgment after hearing the arguments of the lawyers of respondents.
