ISLAMABAD: The government was ready to withdraw amendments recently made in the Prevention of Electronic Crimes Act, 2016, through a presidential ordinance, Attorney General of Pakistan (AGP) Khalid Jawed Khan on Thursday told the Islamabad High Court (IHC).
IHC Chief Justice Athar Minallah while hearing a petition had issued notice to AGP Khan to appear before the court in a personal capacity.
Among effecting other changes that have rendered the stringent law originally introduced in 2016 by the government of Pakistan Muslim League-Nawaz (PML-N) even more so, the ordinance makes online defamation a non-bailable, cognisable offence and increases the prison term to a maximum of five years.
AGP Khan told the court the matter can again be referred to the cabinet to get a second opinion and include those of the stakeholders in the press.
A timeframe should be fixed to work on this law, he said. “We will sit with the Pakistan Federal Union of Journalists (PFUJ), Pakistan Broadcasters Association (PBA) and other media unions to sort out the matter,” he added.
“PECA amendment is a draconian law if it comes into force in the present shape,” AGP conceded.
“I have held a detailed meeting with the prime minister and defended the case on his special instructions […],” he said.
“The court wants to set an example through this case,” the bench commented.
The court had clubbed all the petitions against the ordinance. The PBA and other petitioners had challenged the PECA ordinance.
The PBA in its petition had claimed the ordinance has been released to promote censorship and the president must have strong grounds before issuing any ordinance.
Earlier, AGP Khan, Deputy Attorney General and director of FIA cyber crime wing attended the hearing.
FIA director on the court’s qestion said that under section 20 of the law 94,000 applications were registerd and 11,000 cases in pending.
“How many people you arrested from 94,000 cases,” the bench questioned. The court directed the FIA to read the FIR registered on the complaint of minister Murad Saeed.
“Which clause of the PECA law applied on it?” the court further questioned.
“How the FIA assessed, there might be some good things in the book,” the bench observed. “How could you arrest a person without inquiry on the same day of the FIR,” the bench questioned.
The court in an interchange with the AGP said “the Mohsin Baig case is a classic example, on same day after registration of the complaint the accused was arrested”. “The matter is concerned with misuse of authority,” the bench said.
“The petition has been filed to dismiss the FIR against Mohsin Baig,” the bench said. “Mohsin Baig’s case also related to the PECA Act,” the bench further said.
“Where they want to lead the country,” the bench questioned. “To whom this law is to protect,” the bench questioned the AGP.
PFUJ’s lawyer prayed that the AGP himself had said that he doesn’t defend ‘half of the ordinance’. “We are ready to sit with him,” the counsel said.
Subsequently, the court adjourned the hearing of the case till March 14 (Monday) and directed the AGP to make final arguments regarding Section 20 of the PECA Amendment Ordinance.
With additional input from News Desk
