PECA amendments can’t be suspended through interim order: IHC

ISLAMABAD: Judge of the Islamabad High Court (IHC) Justice Raja Inaam Ameen Minhas observed that the amendment to the Prevention of Electronic Crimes Act (PECA), 2016, is legislation and it cannot be suspended through an interim order.

A single bench of Justice Minhas on Monday made the observation while hearing petitions filed by journalists’ bodies and senior journalists challenging the controversial amendments to the PECA.

The petitions were filed by journalistic bodies, including the Pakistan Federal Union of Journalists (PFUJ) and the Islamabad High Court Journalists Association (IHCJA) against the controversial amendment to the law.

During the hearing, Mian Samiuddin, counsel for the IHCJA, presented arguments before the court and read out the provisions added through the amendment. He argued that powers which should rest with the judiciary had been transferred to the executive. He added that matters relating to the determination of false or fake information should be adjudicated by an independent judicial tribunal and the judicial tribunal should be appointed in consultation with the chief justice of Pakistan.

Samiuddin further argued that Section 2C of the amended law relates to the prohibition of fake and false social media posts. At this, Justice Minhas asked who would determine whether information was fake or false, and how such news would be identified and proceedings initiated against it.

The petitioner’s lawyer said that the new procedure allowed even a third party, in addition to the affected party, to file a complaint. He argued this could enable proxies to file complaints and lead to misuse of the law. He stressed that it was essential to determine what harm was caused by fake information, adding that some incorrect information could be a harmless error, causing no damage.

During the proceedings, Rawalpindi-Islamabad Union of Journalists (RIUJ) President also addressed the court and informed the bench that PFUJ had approached the court against PECA on February 6 last year, but the case had remained pending without any stay order.

He asserted that during this period, more than two dozen journalists had been sentenced to life imprisonment. He also referred to a case registered against a journalist who had reported the use of substandard materials in road construction, which later led to the road’s early demolition.

In response to the petition, Justice Minhas observed that the matter involved legislation enacted by parliament and reiterated that such a law could not be suspended through a restraining order at the interim stage.

He remarked that this is legislation and it cannot be suspended through an interim order. He added that the court would decide the matter after hearing detailed arguments from all sides.

Later, the IHC bench deferred hearing of the case until March 6 for further proceedings.

Copyright Business Recorder, 2026