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20 Jumada Al-Akhirah 1446  

It seems no one guided PM Imran on defamation laws: CJ Athar Minallah

The IHC chief justice says clauses related to defamation are present in law other than PECA
The IHC has issued a notice to attorney general in a petition filed by Lahore High Court Bar Association President Maqsood Buttar against amendments in PECA 2016. File photo
The IHC has issued a notice to attorney general in a petition filed by Lahore High Court Bar Association President Maqsood Buttar against amendments in PECA 2016. File photo

The Islamabad High Court on Tuesday issued a notice to attorney general in a petition filed by Lahore High Court Bar Association President Maqsood Buttar against amendments in Prevention of Electronic Crimes Act (PECA), 2016.

IHC Chief Justice Athar Minallah conducted hearing of the plea, while Advocate Hassan Irfan Khan represented the LHCBA president.

At the onset of hearing, the IHC chief justice remarked he would surely listen to the petition, if it was filed by the LHCBA president.

The complainant's lawyer noted that two additional points had been raised in the plea which were different than the pleas earlier filed against the Prevention of Electronic Crimes (Amendments) Ordinance, 2022 in the court.

According to the law, Advocate Khan said the Federal Investigation Agency had no authority to involve itself in a dispute between two parties, adding the investigation authority officials had jurisdiction of dealing only in those cases which had links with the federal government.

Talking about Prime Minister Imran Khan's address to nation on Monday in which he talked about defamation, Justice Minallah said the premier might not have guided properly about its law as the clauses are present in laws other than PECA.

In his arguments, Advocate Khan said Islam also allowed people the freedom of expression.

Giving orders to merge the LHCBA president's plea with other petitions against amendments in PECA which were being heard in the court, CJ Minallah directed the FIA that no proceedings would be conducted in violation of SOPs, saying the law was always imposed on critics of the government.

Later, the court adjourned hearing of the case till March 10.

In February, the Pakistan Federal Union of Journalists filed a petition against the amendments in PECA, saying "this new amendment ordinance lays bare the agenda of the government to promote only certain types of news and discourage criticism".

The next day, the IHC restrained the FIA from making arrests under Section 20 of the Prevention of Electronic Crimes (Amendment) Ordinance, 2022.

President Dr Arif Alvi had promulgated an ordinance to amend PECA, 2016, which was aimed at “countering fake news,” amid the opposition, journalist fraternity, and rights bodies' concerns over the tweak.

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imran khan

Islamabad High Court

Prevention of Electronic Crimes Act 2016

Prevention of Electronic Crimes (Amendment) Ordinance 2022