Bars term PECA ordinance oppressive, extraconstitutional

SCBA says it will file a petition against the legislation which is 'classic example of authoritarian mindset'

The superior bar associations of the country have unanimously rejected the recent amendments in the Pakistan Electronic Crimes Act (PECA) 2016 in separate statements, calling the recent legislation by the federal government an attempt to stifle dissent and freedom of expression.

In a statement, the Supreme Court Bar Association said, “Under the guise of PECA Ordinance, the ruling elite has once again launched a vicious agenda to cut-throat its political opponents and to silence all those who believe in freedom of speech, opinion and expression so as to hide its failure.”

 

 

 

The ordinance is a “classic example of the authoritarian mindset and a reflection of extremism”, said the SCBA, adding, “The country has not seen such oppressive restriction even in the worst dictatorships.”

It said the fake news remained a challenge but “any such remedy, which is contrary to the Constitution and against personal liberty, must not be allowed”.

It also said the amendments in Section 181 of the Election (Amendment) Bill 2017 are akin to pre-poll rigging and would adversely affect the electoral process.

The SCBA said these ordinances were “strictly ultra-vires to the Constitution” and the bar association will soon challenge the ordinances.

Read 'Media act being used to curb freedom of expression'

Meanwhile, the Sindh High Court Bar Association (SHCBA) termed the amendments to PECA Act a “colourful exercise of power by the president and federal law minister”. It said the “delinquent law ministry is pandering to the self-serving egos of those that wish to rule in an autocratic manner – oppressing any reasonable criticism as ‘fake news’,” it added.

The ordinance tramples the fundamental rights of free speech, it said further, adding that the legislation is reflective of “fascist and dictatorial regimes”.

Separately, the Lahore High Court Bar Association (LHCBA) urged the high court to declare the law extraconstitutional as it endorsed a plea filed in the court against the new law.

The LHCBA said the ordinance violated the constitution and should be declared void. It said the legislation was an attempt to repress the independence of media and judiciary.