IHC issues notice to PTA in contempt case for failing to notify PECA section
In 2019, IHC ruled that PTA was not empowered to block websites without hearing the viewpoint of the other party
Representational image. PHOTO: AFP
ISLAMABAD:
The Islamabad High Court (IHC) on Thursday issued a notice to Pakistan Telecommunication Authority (PTA) over the body's failure to notify rules contemplated by the legislature under sub-section (2) of Section 37 of the Prevention of Electronic Crimes Act (PECA) 2016.
The petition, filed by the Awami Workers Party (AWP), sought contempt proceedings against the PTA for failing to comply with the September 2019 order issued by the same court. The bench was presided by IHC Chief Justice Athar Minallah.
In 2019, the AWP approached the high court after their website was blocked by the PTA. The authority had maintained that it was empowered under Section37 (2) of PECA 2016 to block the website.
However, the bench ruled that the authority was not empowered to block any website in violation of due process and without hearing the viewpoint of the other party.
“This interpretation of Section 37 of the Act of 2016 is in flagrant violation of the fundamental rights guaranteed under the Constitution as well as the settled law enunciated by the superior courts,” read the order.
The court noted that the principles of natural justice are required to be read into every statute. It further observed that Article 10A made it mandatory to observe the requirements of due process before passing any order or taking any action whereby persons could be adversely affected.
“The legislature in its wisdom by using the expression ‘shall’ has manifested its intention that it is mandatory for the Authority to prescribe rules for the purposes described under Section 37(2) of the Act of 2016,” it added.
The IHC had directed PTA to frame rules under Section 37 (2) of the PECA 2016 within 90 days after the ruling. Six months on, the authority is yet to comply with the order.
PTA not empowered to block any website: IHC
Prevention of Electronic Crimes Act 2016
Section37: Unlawful on-line content
(1) The Authority shall have the power to remove or block or issue directions for removal or blocking of access to an information through any information system if it considers it necessary in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, public order, decency or morality, or in relation to contempt of court or commission of or incitement to an offence under this Act.
(2) The Authority shall, with the approval of the Federal Government, prescribe rules providing for, among other matters, safeguards, transparent process and effective oversight mechanism for exercise of powers under sub-section (1).
(3) Until such rules are prescribed under sub-section (2), the Authority shall exercise its powers under this Act or any other law for the time being in force in accordance with the directions issued by the Federal Government not inconsistent with the provisions of this Act.
(4) Any person aggrieved from any order passed by the Authority under sub-section (1), may file an application with the Authority for review of the order within thirty days from the date of passing of the order.
(5) An appeal against the decision of the Authority in review shall lie before the High Court within thirty days of the order of the Authority in review.
The Islamabad High Court (IHC) on Thursday issued a notice to Pakistan Telecommunication Authority (PTA) over the body's failure to notify rules contemplated by the legislature under sub-section (2) of Section 37 of the Prevention of Electronic Crimes Act (PECA) 2016.
The petition, filed by the Awami Workers Party (AWP), sought contempt proceedings against the PTA for failing to comply with the September 2019 order issued by the same court. The bench was presided by IHC Chief Justice Athar Minallah.
In 2019, the AWP approached the high court after their website was blocked by the PTA. The authority had maintained that it was empowered under Section37 (2) of PECA 2016 to block the website.
However, the bench ruled that the authority was not empowered to block any website in violation of due process and without hearing the viewpoint of the other party.
“This interpretation of Section 37 of the Act of 2016 is in flagrant violation of the fundamental rights guaranteed under the Constitution as well as the settled law enunciated by the superior courts,” read the order.
The court noted that the principles of natural justice are required to be read into every statute. It further observed that Article 10A made it mandatory to observe the requirements of due process before passing any order or taking any action whereby persons could be adversely affected.
“The legislature in its wisdom by using the expression ‘shall’ has manifested its intention that it is mandatory for the Authority to prescribe rules for the purposes described under Section 37(2) of the Act of 2016,” it added.
The IHC had directed PTA to frame rules under Section 37 (2) of the PECA 2016 within 90 days after the ruling. Six months on, the authority is yet to comply with the order.
PTA not empowered to block any website: IHC
Prevention of Electronic Crimes Act 2016
Section37: Unlawful on-line content
(1) The Authority shall have the power to remove or block or issue directions for removal or blocking of access to an information through any information system if it considers it necessary in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, public order, decency or morality, or in relation to contempt of court or commission of or incitement to an offence under this Act.
(2) The Authority shall, with the approval of the Federal Government, prescribe rules providing for, among other matters, safeguards, transparent process and effective oversight mechanism for exercise of powers under sub-section (1).
(3) Until such rules are prescribed under sub-section (2), the Authority shall exercise its powers under this Act or any other law for the time being in force in accordance with the directions issued by the Federal Government not inconsistent with the provisions of this Act.
(4) Any person aggrieved from any order passed by the Authority under sub-section (1), may file an application with the Authority for review of the order within thirty days from the date of passing of the order.
(5) An appeal against the decision of the Authority in review shall lie before the High Court within thirty days of the order of the Authority in review.