ISLAMABAD: The Islamabad High Court (IHC) on Friday struck down the controversial Prevention of Electronic Crimes (Amendment) Ordinance, 2022, declaring it and its promulgation as unconstitutional.

The court directed the Secretary Interior to probe the conduct of the Federal Investigation Agency (FIA) officials of Cybercrime wing, which led to widespread abuse of powers and the consequent grave violations of fundamental rights of the citizens.

The Secretary Interior has also been directed to complete the probe within 30 days and submit a report with the court’s registrar about the action taken against the delinquent officials. Announcing the verdict, which was earlier reserved, the IHC Chief Justice Athar Minallah held that freedom of expression is a fundamental right and reinforces all other rights guaranteed under the Constitution.

The court ruled that free speech and the right to receive information are essential for development, progress and prosperity of a society and their suppression was unconstitutional and contrary to the democratic values and norms.

The verdict states that, “The criminalization of defamation, protection of individual reputations through arrest and imprisonment and the resultant chilling effect violates the letter of the Constitution and the invalidity thereof is beyond reasonable doubt.”

The court held that PECA Ordinance was promulgated in derogation of the Constitution and the fundamental rights guaranteed thereunder, particularly Articles 9, 14, 19 and 19-A of the Constitution. “The jurisdictional preconditions were also not in existence,” the court held, adding that proceedings against petitioners in connected petitions were a nullity and thus quashed.”

The court observed that the aggrieved complainants may avail remedies provided under respective laws in the context of defamation. The court hoped that the federal government would review the defamation laws, particularly the Defamation Ordinance, 2002, and appropriate legislation for effective implementation of the laws will be done. A set of identical petitions was filed against the controversial PECA Ordinance and its Section 20, which criminalizes defamation.