LAHORE, Feb 23 (APP): The Lahore High Court (LHC) on Monday expressed serious concern over the non-constitution of the authority envisaged under Section 2-A of the Prevention of Electronic Crimes Act (PECA) 2016, noting that under temporary arrangements the Pakistan Telecommunication Authority is currently performing its functions.
The court also sought a comprehensive report from the Federal Interior Secretary, explaining the present status of the authority, the reasons for delay in its establishment, and the legal justification for the prolonged transitional arrangement.
Justice Ali Zia Bajwa passed these orders while hearing a petition filed by lawyer Chaudhry Pervez Elahi Bhaddar, who challenged an alleged character assassination campaign on social media targeting female judges of the high court.
During the proceedings, the Director of National Cyber Crime Investigation Agency (NCCIA) Punjab admitted that no modern technological tools are presently being used to detect illegal online content.
At this, the court observed that it was alarming for a specialized cybercrime investigation body to operate without basic contemporary forensic and technological resources.
In view of the evolving and highly technical nature of cybercrime, the court decided to seek expert assistance and directed the Chairman of the Punjab Information Technology Board to appear as amicus curiae. The PITB chairman has been asked to assist the court on the availability and feasibility of modern tools for monitoring, detecting, and tracing unlawful online material, as well as to brief the court on international best practices and existing technological frameworks in Pakistan. The court also indicated that an independent cybercrime expert could be appointed, if required.
The court further sought fresh and detailed reports from the PTA and NCCIA regarding any public awareness campaigns conducted to counter contemptuous material against the judiciary. The Chairman PTA has been directed to depute a senior, well-versed officer to assist the court at the next hearing.
The court noted with concern that NCCIA’s submitted report revealed no effective action against individuals allegedly running an organized campaign against the judiciary on social media. Observing a lack of meaningful investigation and progress, the court directed the Director General NCCIA to appear in person at the next hearing with a detailed report explaining steps taken so far, reasons for inaction or delay, and a concrete future course of action.
The court warned that dereliction of statutory duty by public authorities carries legal consequences and that any wilful failure to act in accordance with the law would invite action under the applicable legal framework.
Subsequently, the court adjourned further proceedings till February 25.