The Islamabad High Court (IHC) on Friday struck down the controversial Prevention of Electronic Crimes (Amendment) Ordinance, 2022, terming it as "unconstitutional".

IHC Chief Justice Athar Minallah issued a four-page order while hearing identical petitions filed by the Pakistan Federal Union of Journalists and others against the controversial ordinance and its section 20, which criminalises defamation.

Justice Minallah, in his written order, said that freedom of expression was a fundamental right and reinforces all other rights guaranteed under the Constitution.

"Free speech protected under Article 19 and the right to receive information under Article 19-A are essential for development, progress and prosperity of a society and suppression thereof is unconstitutional and contrary to the democratic values."

The order stated the criminalisation of defamation, protection of individual reputations through arrest and imprisonment and the resultant chilling effect violates the letter of the Constitution, it continued, adding that declaring the ordinance invalid was, therefore "beyond reasonable doubt".

The order stated the promulgation or the Peca ordinance was "in derogation of the Constitution and the fundamental rights guaranteed thereunder, particularly Articles 9, 14, 19 and 19-A". The jurisdictional preconditions were also not in existence, it added.

The court stated that it was desirable for the Parliament to come up with appropriate legislation to make the Defamation Ordinance, 2002, more effective. There has been widespread abuse of authority that resulted in a violation of the basic rights of citizens, it added.

The court also instructed the Interior secretary to complete the investigation within 30 days of receiving the verified copy of the court and to inform the court registrar about those officials who abused the authority provided under the ordinance.