PECA ordinance challenged in LHC

Ordinance is a 'sheer violation' of SC verdicts, Constitution

LAHORE:

The recently passed PECA Ordinance 2022 was challenged in the Lahore High Court (LHC) on Tuesday with the petition claiming that the ordinance is a 'sheer violation' of not only the judgements passed by the apex court but also the Constitution of Pakistan. 

Petitioner Mohammad Ayub also claimed that the law was amended to save the government from its 'illegal acts' and requested the court to declare the ordinance unlawful, as it is liable to be set aside in the supreme interest of justice. 

The petition made the principal staff officer of President Arif Alvi, principal secretary Prime Minister Imran Khan, secretary Ministry of Law and Parliamentary Affairs, secretary establishment, establishment division, secretary cabinet and secretary law and justice division as respondents. 

Ayub also implored the court that the president promulgated PECA amendment ordinance with 'mala fide intention and for ulterior motive' just to 'harass and blackmail the opposition' as well as the public at large, the impugned ordinance was promulgated which is against the scheme of law.

"The motive behind the promulgation of the impugned ordinance is a directl attack upon the independence of the judicial system as well as judges of constitutional jurisdiction."

According to the impugned amendment in section 2 of the said Ordinance the word person of age less than 10 years or less than 14 years is replaced and according to impugned interpretation “person’ includes any company, association or body of persons whether incorporated or not, institution, organization, authority or any other body established by the government under any law or otherwise”.

The petitioner cited the case proceedings of Mohsin Baig claiming Islamabad High Court discouraged the power abuse by the public officers as well as FIA, furthermore the court discouraged the promulgation of harsh laws just to escape the public pressure.

According to the impugned amendment, the definition of aggrieved person is changed to achieve ulterior motives, any person either informant or complainant can file a complaint under the impugned amendment, it is not out of context to narrate here that due to said amendment the proxy litigation will increase and ultimately that will result in overburden the courts as well as prosecution, added the petition.

Shedding light on how the judicial system will be pressurised through this ordinance, the petitioner contended that judges are bound to submit their monthly reports to a higher forum, the high courts also have to submit their reports to secretary law and subsequently, secretary law would recommend the high court to take action against the judges. "It is very much regretted to state here that said amendment is an attack upon the freedom of the judicial system and same is liable to be declared illegal and unlawful."

"Article 19 of the Constitution talks about the freedom of speech, freedom of expression and freedom of the press. Every citizen of Pakistan has the right to hold an opinion, the right to express them, and the right to speech. Hence this impugned ordinance is a sheer violation of Article 19 of the Constitution of Pakistan 1973."

The petitioner also prayed to the court that the ordinance is set aside and till the final decision on the writ petition and the execution of the ordinance be suspended.