The Islamabad High Court (IHC) has declared that Pakistan Telecommunication Authority (PTA) is not empowered to block any website in violation of due process and without hearing the other party. The order authored by Chief Justice IHC Athar Minallah, states: "The PTA is definitely not empowered to pass an order or take action under Section 37 in derogation of the mandatory requirements of due process."
Awami Workers Party (AWP) has approached the IHC against blocking of its website. It has prayed to the court to direct respondent No.1 (PTA chairman) to unblock its official website and frame the necessary rules for regulation of its powers under sub-section (1) of Section 37 of PECA 2016, as is required under sub-section (2) of Section 37. It has further prayed to issue directions to the respondent No 1 to ensure protection of the fundamental rights of citizens during exercise of powers under Section 37 of PECA, 2016, including a direction to the respondent No 1 to provide the concerned parties an opportunity of hearing before removing or blocking their online content, and to develop convenient mechanisms for this purpose.
The IHC order said that PTA has stated in response to a query that Section 37 of the Prevention of Electronic Crimes Act (PECA), 2016 empowers PTA to block websites "without notice or affording an opportunity of hearing to the person who could be adversely affected by an order or action of the authority."
"This interpretation of Section 37 of the Act of 2016 is in flagrant violation of the fundamental rights guaranteed under the Constitution as well as the settled law enunciated by the superior courts," the order stated. The court noted that the principles of natural justice are required to be read into every statute.
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