The Federal Constitutional Court on Tuesday asked the federal government to return with a new reply in the long-running legal dispute between singer Meesha Shafi and actor-singer Ali Zafar. The court began hearing Shafi’s challenge to proceedings brought under the Prevention of Electronic Crimes Act (PECA), then adjourned the case.
A two-member bench, comprising Justice Syed Hasan Azhar Rizvi and Justice K K Agha, paused the hearing after noting that the additional attorney general could not act for both the federal government and the Federal Investigation Agency (FIA) at the same time. The court told the federation to seek fresh instructions before filing its response.
Why the challenge sits before the FCC
Shafi’s petition questions the constitutional validity of Section 20 of PECA 2016. Matters of this kind now fall within the FCC’s jurisdiction following the 27th Constitutional Amendment.
Also read: Imaan Mazari, Hadi Chattha case adjourned to October 20
Shafi wants Section 20 struck down and the criminal case against her quashed. She argues that the FIA started proceedings in breach of legal requirements and with mala fide intent. The Lahore High Court had earlier ruled that Section 20 did not conflict with Article 19, which protects freedom of speech subject to legal restrictions.
From a 2018 accusation to a criminal complaint
The dispute dates back to April 2018, when Shafi publicly accused Zafar of sexual harassment. Zafar denied the allegations and later started defamation proceedings against her.
On Zafar’s complaint, the FIA registered a criminal case against Shafi and several others under Section 20(1) of PECA and Section 109 of the Pakistan Penal Code. The complaint alleged that defamatory material about him had been circulated on social media.
Shafi challenged both the first information report and the law’s constitutionality before the Lahore High Court. That court rejected her challenge and held that Section 20 did not violate Article 19. Once the Federal Constitutional Court was created, her challenge moved to the new forum.
