12/04/2022
PECA 2016 (introduced by PML-N, necessary reminder) is still there. An amended Section 20 also still exists however with the reversal of the ordinance, it is once again a non-cognizable offence - the FIA cannot act on its own - and only an aggrieved party can be the complainant.
There are only 3 cognizable offences in PECA, Sections 10, 21 and 22. Other than these, all are non-cognizable, a complaint is required and the magistrate's permission to initiate action, FIA is not permitted to act on its own or at anyone's behest. In practice, this is different.
Any "legal" action will require following procedure as laid down in the law. In practice, this is not done, especially when crackdowns become imminent due to a political climate and situation. These are then addressed after, as we've seen in the cases of various journalists. Nothing in the law currently permits any institution, or department to be an informant or complainant, which is the change made by the PTI ordinance with respect to S.20. Had the ordinance remained, it would be open season & immediate arrests for hashtag warriors & angry supporters
Whether we are actually on a democratic path, time will tell. IHC order is great, but other sections in PECA remain. If extra-legal measures remain the order of the day & manipulation of PECA together with PPC, ATA, MPO & other laws continue, rest assured there is no rule of law.
By: Farieha Aziz
