ISLAMABAD: IHC on Monday adjourned hearing till March 21, after the petitioners’ lawyers concluded arguments in pleas challenging the PECA (amendment) Ordinance.
Chief Justice Athar Minallah heard the cases filed by Pakistan Federal Union of Journalist, Pakistan Broadcasters Association (PBA) and others.
At the outset of hearing, petitioners’ lawyer Munir A. Malik argued that ordinance could be issued only in emergency situation under article 89 of the constitution. The issuance of an ordinance was the power of executive but it was conditional with the court’s review.
The session of the national assembly was summoned on February 18, but it was rescheduled for issuance of the ordinance. The powers of PEMRA had been shifted to FIA under the ordinance, he added, saying that this law had been enforced to control criticism on media.
PFUJ’s counsel Usman Warraich said that his client had submitted written arguments. He said that this law would have an effect on freedom of expression in society.
The FIA, he said, had been misuing its powers under PECA, adding that a society couldn’t flourish without the freedom of expression. He said that this law would safeguard only public officer holders from criticisms.
He prayed the court to turn down the PECA ordinance and declare it against the constitution. President Lahore High Court Bar Association Maqsood Buttar’s counsel said FIA had no powers to view the conflict between two persons.
The chief justice asked the petitioner to give arguments regarding the legality of the ordinance.
The lawyer said that 16 countries of the world had decriminalized the cases.
The court remarked that any public office holder should have not concern with defamation. Farhatullah Baber’s lawyer Usama Khawar contended that article 19 was related to the freedom of expression, but it restricts from disrespecting Islam, national interest, independence, contempt of court or provoking anybody for a crime.
He said that after the fourth amendment into constitution in 1975 there was no further space for criminal defamation in article 19. The lawyer pleaded that section 20 was also contradicting with the decisions of the top court.
He said that the ordinance was just an executive action and there 20,000 pending cases with FIA. What would be the strategy to view these complaints, he argued.
After listening arguments from petitioners’ lawyers, the court adjourned the case till March 21. The attorney general of Pakistan would give his arguments on next date of hearing.
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