“As dissenters challenge existing ideas, social consciousness grows, the condition of human existence and rights improve and society progresses …Thus, it is in society’s collective interest that the right to dissent be upheld, even though critical ideas might seem unpalatable. It is in the state’s own interest to tolerate ideas critical of it. Criticism of the state and its policies is a natural outcome of the democratic system of governance … the security of the state must not be projected by the state itself to be so fragile that critical speech would shake its foundation.”

— Justice Babar Sattar in the case of Shoukat Ali vs. Government of Pakistan (PLD 2024 Islamabad 135)

On Friday, lawyer Imaan Zainab Mazari-Hazir and her husband Hadi Ali Chattha were arrested while they were reportedly on the way to the Islamabad district courts. The multiple cases registered against them invoke provisions of the Prevention of Electronic Crimes Act (Peca), anti-terrorism legislation, and laws regulating public assembly. Their arrest demonstrates how the law is being employed to silence opposition, revealing a state increasingly at war with dissent.

The allegations against Imaan include ‘offensive tweets’ against ‘important state institutions’. While Imaan is being prosecuted for posting content, Hadi is being prosecuted for reposting and resharing her content. Even clicking ‘repost’ on content that the state finds objectionable can subject an individual to criminal prosecution.

A state that treats criticism as a crime undermines both democracy and the rule of law. When lawyers are punished for challenging state excesses, it is not just an attack on individuals, but on the legal system itself.

When Peca was amended last year to include a punishment for “false and fake information” through Section 26-A, the government claimed the aim was to counter misinformation. The intent was clear then, and it is clear now: the amendment has nothing to do with fake news. It is an instrument of control. The Peca case against Imaan and Hadi includes provisions of cyberterrorism and the offence of fake/false information.

The fundamental........

© Dawn Prism