SHC issues notice, seeks govt response over PECA Act petition

Petitioner's lawyer argues the court should decide on issues like the PECA Act due to its impact on fundamental rights

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The Sindh High Court has issued a notice to the federal government and sought a response regarding a petition against the PECA Act within two weeks.

The two-member bench, led by Chief Justice of Sindh High Court Justice Mohammad Shafi Siddiqui, heard the petition challenging the PECA Act.

The court inquired, "What is wrong with this law? Shouldn’t anyone who spreads false news face punishment?"

The petitioner’s lawyer, Barrister Ali Tahir, raised the fundamental question of who determines what is false or true. Chief Justice remarked that not all decisions are made by the courts; some are made by authorities. "You also have the right to appeal against the authorities' decisions."

Barrister Ali Tahir argued that such decisions should be made by the court as they involve fundamental rights. The Chief Justice responded, saying if this is a matter of fundamental rights, then the case should be heard by a constitutional bench.

Barrister Ali Tahir cited the Attock Cement case, where the court had decided that regular benches could review the constitutional validity of any law.

The court issued a notice to the federal government and directed that a response be submitted within two weeks, adjourning the hearing for two weeks.

Earlier, Pakistan Tehreek-e-Insaf (PTI), along with civil society and journalistic organisations,challenged the PECA Amendment Act 2025 in the Lahore High Court.

Opposition Leader of the Punjab Assembly, Ahmed Bachhar, along with others, filed the petition against the PECA Act 2025 through Advocate Azhar Siddique. The petition has named the provincial government, the Chief Secretary, and others as respondents.

The petition argues that the PECA Amendment Act violates Article 19-A of the Constitution. It states that the Act does not define "fake news," allowing authorities to label any news as fake and take action on political grounds.

According to the petition, the amended Act requires journalists to disclose their news sources, which is a violation of journalistic ethics. The petition requests the court to declare the PECA Amendment Act unconstitutional and annul it. Additionally, it urges the court to halt any actions under the Act until a final decision is made.