2022 order on controversial Peca section ‘in legal limbo’
• Then IHC-CJ Minallah struck down Section 20 via short order, didn’t issue detailed judgement in three years • Files have now been sent back to IHC; legal experts believe he can’t give reasons now as SC judge ISLAMABAD: More than three years after then Islamabad High Court (IHC) chief justice Athar Minallah struck down Section 20 of the Prevention of Electronic Crimes Act, 2016 (Peca), the decision has found itself in a legal limbo as the judge has yet to issue detailed reasoning for his verdict. In his order dated April 8, 2022, Justice Minallah declared illegal the provision — introduced by the PTI government — which expanded the definition of defamation to include criticism against institutions and state authorities and proposed an imprisonment of five years. “The criminalisation of defamation, protection of individual reputations through arrest and imprisonment and the resultant chilling effect violates the letter of the Constitution…,” Justice Minallah had noted in his short...