• Delay in submission of response to challenges irks court
• Fear has gripped media industry, judge told
ISLAMABAD: The Islamabad High Court (IHC) on Wednesday issued a final deadline to the federal government to respond to the identical petitions filed against “controversial amendments” in the cybercrimes law, and hinted at deciding the matter ex parte if replies to the challenges were not received.
Justice Raja Inaam Ameen Minhas issued final notices to the Ministry of Law and Justice, Ministry of Information Technology, the Federal Investigation Agency (FIA, and the Pakistan Telecommunication Authority (PTA) to submit their replies to the petitions filed against controversial amendments to the Prevention of Electronic Crimes Act (Peca).
The judge made it clear that the hearing will proceed even if responses were not filed.
The petitions filed by the Pakistan Federal Union of Journalists, anchorpersons, and various journalist organisations have challenged the expanded scope of Peca, which, they argue, criminalises journalistic activity and curtails press freedom. During the hearing, several senior media representatives appeared in court.
Imran Shafiq, counsel for the petitioners, informed the court that only the Ministry of Interior and the Ministry of Information had filed partial responses, while the Ministry of Law, PTA, and other agencies concerned had either submitted incomplete replies or ignored the court’s orders altogether.
He accused the government of using delaying tactics, highlighting that it had raised jurisdictional objections. He asserted that only a constitutional bench could hear the case under the 26th Constitutional Amendment.
He argued that this objection was unfounded.
“This is merely an attempt to prolong the proceedings,” Mr Shafiq told the court, also pointing out that one of the government’s objections mentioned a verse from the Holy Quran that suggests caution before sharing information publicly. He alleged that the government had done so to justify the registration of FIRs against journalists.
Senior journalist Mazhar Abbas emphasised that an atmosphere of fear had gripped the media industry, adding that journalists were routinely harassed, summoned by the FIA, and threatened with arrest for performing their professional duties.
“We are not demanding any special treatment,” Mr Abbas said, adding, “We only ask for the protection of our constitutional rights and the right to report freely.”
Advocate Riasat Ali Azad urged the court to issue an interim stay order to prevent the registration of FIRs and arrests of journalists.
Besides, he suggested the court should impose a fine of Rs500,000 on the agencies for failing to comply with court orders.
Justice Minhas wondered whether journalists were being truly prevented from reporting.
In response, Adnan Haider said, “We are fighting a war on social media just like the army defends the country in a war.”
The court granted a final opportunity to the government departments to file their responses and adjourned the hearing to the second week of July.
