Peshawar – The Peshawar High Court on Tuesday suspended a notice issued to a journalist by the National Cybercrime Investigation Agency (NCCIA) under the Prevention of Electronic Crimes Act (PECA). The court declared the notice questionable in both legal and constitutional terms and directed the authorities concerned to submit a formal explanation.
The case was heard by a two-member bench comprising Justice Ejaz Anwar and Justice Dr. Khurshid Iqbal. The hearing also included petitions filed by other journalists who had similarly been served notices.
During proceedings, the President of the Khyber Union of Journalists, who is also one of the petitioners, appeared before the court. He informed the bench that the NCCIA had issued notices to multiple journalists based on a complaint lodged by the Commissioner of Peshawar. The notices directed journalists to appear before an inquiry officer without clearly outlining any specific charges.
The petitioners argued that the notices were unlawful, stressing that the law requires explicit mention of the alleged offense before any such action can be taken. “The notices fail to explain what crime, if any, has been committed by the journalists,” the KUJ president told the court, adding that the journalists had not engaged in any activities warranting such action.
Counsel for the journalists also referred to two previous rulings of the Peshawar High Court in similar cases where identical notices had been suspended. Justice Ejaz Anwar observed that issuing such notices without following due legal procedure was impermissible, stating that “there is a defined process for issuing notices, and it cannot be bypassed.”
After hearing the initial arguments, the bench suspended the notice served to the journalist and sought a written response from the authorities. The court also underscored the importance of protecting freedom of expression and ensuring that journalists are not targeted through misuse of the law.
This decision is seen as a significant development by the journalist community, particularly at a time when concerns have been growing over increasing restrictions on media freedom in Pakistan. Press unions and media rights organizations have repeatedly called for legal safeguards to prevent arbitrary actions against journalists under the PECA law.
The suspension of the notice is expected to set a precedent for similar cases currently under review, reinforcing judicial oversight in matters concerning freedom of the press and the constitutional rights of citizens.
