2011 CLC 150 KARACHI-HIGH-COURT-SINDH

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AFAQ RIAZ AHMED VS FEDERATION OF PAKISTAN 1993 SCMR 1589, Constitution of Pakistan 1973--199 , Constitutional petition--TERM ,Electronic Transactions Ordinance 2002--36 , Electronic Transactions Ordinance 2002--37 , Pakistan Telecommunication (Re-Organization) Act 1996--31 , PREVENTION OF ELECTRONIC CRIMES ORDINANCE 2007--13 , PREVENTION OF ELECTRONIC CRIMES ORDINANCE 2007--16 , PREVENTION OF ELECTRONIC CRIMES ORDINANCE 2007--19 , PREVENTION OF ELECTRONIC CRIMES ORDINANCE 2007--4 ,PREVENTION OF ELECTRONIC CRIMES ORDINANCE 2007--8 , Ss. 4, 8, 13, 16 & 19---Pakistan Telecommunication (Re-organization) Act (XVII of 1996), S.31(1)---electronic Transaction Ordinance (LI of 2002), Ss.36 & 37---Constitution of Pakistan, Art.199---Constitutional petition---Grievance of the petitioners was that despite the `prevention of electronic Crimes Ordinance, 2007' having lapsed, they were being proceeded under the said Ordinance---In the present case, complaint under Ss.4, 8, 9, 13 & 16 of prevention of electronic Crimes Ordinance, 2007, under S.31(1) of Pakistan Telecommunication (Re-organization) Act, 1996 and Ss.36 & 37 of electronic Transactions Ordinance, 2002 was lodged against the petitioners---prevention of electronicCrimes Ordinance, 2007, which was promulgated in 2007, lapsed on expiry of 120 days---prevention of electronic Crimes Ordinance, 2007 being a temporary law and same having been lapsed, proceedings under said Ordinance could not be continued in law---To the extent of the proceedings against the petitioners under the prevention of electronic Crimes Ordinance, the same was quashed---Petitioners, however, could be proceeded under other provisions of law as mentioned in the complaint in accordance with law.

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