December 18, 2023
By Xari Jalil
LAHORE
December 18 marked a significant milestone for singer Meesha Shafi as she emerged victorious in the initial stage of her defamation case against ARY TV channel’s UK broadcaster (NVTV). The news has kindled optimism and raised expectations for her lawyers and supporters in Pakistan.
The London High Court’s findings in the “meaning’s stage” trial – which is a preliminary stage – have validated Shafi’s claim of being defamed by ARY regarding the harassment case she had filed against singer Ali Zafar.
According to details, Shafi had been alleged by ARY of ‘failing to comply with court orders to return to Pakistan’, of ‘coming to Pakistan to record Coke Studio songs but choosing to return to Canada rather than attend a court order’. These allegations were made during Ali Zafar’s two-year long defamation lawsuit at the Sessions’ Court, Lahore.
“ARY had aired news on repeat that Meesha Shafi had come to Pakistan all the way from Canada to record a song, but had waived aside a court order which had summoned her. She had filed a defamation case on this basis,” explained Shafi’s lawyer Saquib Jillani who has been fighting her cases in Pakistan.
“In the initial stage the judge has to decide whether the court should proceed with the case,” he clarified explaining the “meanings stage”. “Obviously ARY maintained that whatever it had aired was not defamatory, then there arguments. However eventually the judge decided that Meesha Shafi’s argument could be accepted and that what was aired was indeed defamatory.”
In any event, the case is still in progress. The key question is: what repercussions will this early success have on Meesha Shafi’s legal challenge in Pakistan?
At present there may be at least a dozen or so, cases revolving around Meesha Shafi in Pakistan right now – most of them in lower courts, says Saquib Jillani. In one of the cases, Ali Zafar has filed a defamation against Meesha. In a civil case, Meesha Shafi has filed a defamation case.
“There was also a complaint filed by Ali Zafar in FIA using the draconiyan Section 20 PECA law,” said Jillani. “He filed this against Meesha and the other women who had stepped forward against the harassment they had faced from Ali Zafar.”
He says that Shafi’s lawyers – both he and senior advocate Ms. Hina Jillani wanted to have the case quashed and to have it declared it was in violation of Article 19 of the Constitution, but that did not happen at the lower level. Later when they went to the Supreme Court for appeal, Qazi Faez Isa who was the judge framed Questions of Law.
✌🏼
LONDON HIGH COURT PASSES JUDGEMNENT IN MY FAVOR against #ARY after they aired disinformation, slandering me & misleading people to believe I am running from pk courts because they decided I am a liar instead of fact checking@MurtazaViews @nighatdad
— MEESHA SHAFI (@itsmeeshashafi) December 18, 2023
“Even in the original case of Meesha Shafi where she had complained to the ombudsperson about the harassment she was told that the employer/employee relationship did not exist in her case, therefore the harassment law didn’t protect her. Ultimately the SC did take up the case and gave a leave granted against the high court. There is another case in the Lahore High Court that has tried to clamp down on Meesha even talking about her case.”
EMOTIONAL TOLL
In this context, it is no surprise that the justice system especially that of the lower courts seem to have little empathy for women especially those who speak out for their own rights. And such things take a heavy emotional toll on the person and their family.
Meesha’s mother, actress Saba Hameed who stood by her daughter throughout, says the court battles have been very tough.
“Emotionally each of these court cases have weighed on us,” she said while speaking to Voicepk. “It has been extremely stressful. For Meesha as well, being a woman in this country, it is not easy to speak out like this but she has been so brave, and she just would not let go. People could not digest the fact that she was speaking out without any kind of ulterior motive.”
Hameed says that it was terrible the way her daughter was maligned on social media by trolls, and the way there were hashtags created against her.
“I hope this initial victory of a court case will bring some positive change in our social narrative. There has been so much fake news, so many lies, and so little unbiased reporting by the media.”
Expressing her happiness at the Meesha Shafi’s win in the London court, the senior actress said she was thankful to everyone who had stood by them during these times. “There have also been a lot of toxic friendships but those have ended. There have been newer and truer friendships and im grateful for the support of those. At the end of the day it’s a fight and it’s about your right.”
LEGAL IMPACT
While Saba Hameed hopes that socially Meesha’s win will have a positive impact, Saquib Jillani believes there will definitely be a positive legal impact.
“Based on today’s win, we can argue about Ali Zafar’s lies that Meesha avoids court,” he said. “And also that Meesha has done this for sympathy from western governments or for Canadian citizenship. (Meesha Shafi was a Canadian citizen two years prior to this). There was also this ridiculous allegation that she wanted to become ‘another Malala’.”
Jillani said they could use this win in the trial court now, in the defamation suit against Ali Zafar, which is to take place on January 11.
“The courts are quite biased, especially the lower courts. When we requested that she be allowed to appear in court on camera, since coming and going was not just financially expensive, but also emotionally it was taking a toll, besides she had two small children to look after, the trial and high courts both did not allow us because they said ‘time difference would make it impractical’. We have filed an appeal in that context.”
In the meantime, it is expected that ARY will be issuing a press statement soon, and their legal retort will be filed on January 26th.
The win is perhaps symbolic. It is Meesha’s allegation that remains on trial. And the key question to ask also remains, ‘are the law and the courts failing victims of sexual harassment?’