October 21, 2026
By Hashir Ahsan
ISLAMABAD
The Federal Constitutional Court taken up the defamation and PECA case between renowned singers Meesha Shafi and Ali Zafar, with a two-member bench comprising Justice Hasan Azhar Rizvi and Justice K. K. Agha presiding over the hearing.
During the hearing, the court directed the federation to obtain fresh instructions immediately and submit its reply in the matter. During the proceedings, the court made important remarks, clarifying that the Additional Attorney General cannot simultaneously represent both the federation and the FIA.
The counsel for the petitioner Meesha Shafi maintained that the case registered by the FIA is completely contrary to legal requirements and based on mala fide intent; therefore, Section 20 of the PECA Act 2016 should be declared null and void and this case should be dismissed.
On the other hand, it came to the court’s attention that, according to the High Court’s judgment, Section 20 of the PECA Act 2016 is not against Article 19 of the Constitution of Pakistan. After hearing the arguments and submissions of all parties, the Federal Constitutional Court adjourned the further hearing of the case.
Petition
Singer and actress Meera Shafi alias Meesha Shafi and others have challenged the defamation FIR registered by Ali Zafar and the constitutional status of Section 20 of the PECA Act 2016.
In this civil appeal filed against the Lahore High Court judgment dated March 9, 2022, Meesha Shafi, Maham Javaid, Leena Ghani, Fariha Ayub, and Syed Faizan Raza have approached the apex court as appellants, while the Federation of Pakistan, FIA Cyber Crime Wing, and Ali Zafar have been made respondents.
The petition prays to set aside the judgment of the Lahore High Court’s single bench and to cancel FIR No. C-72/2020 registered at the FIA Cyber Crime Wing, Lahore.
The appellants’ stance is that this case is not merely about defamation, but rather raises the question of whether an accused of sexual harassment can be allowed to use defamation laws under the PECA Act as a weapon, the purpose of which is to silence women who are victims of sexual harassment and violence and to suppress their voices.
Detailing the background of the case, the petition states that Meesha Shafi had highlighted sexual harassment and the difficulties faced by women in the showbiz industry through a tweet on social media on April 19, 2018, and accused Ali Zafar of sexual harassment on more than one occasion.
Following this, several other women, including Leena Ghani, also leveled similar allegations against Ali Zafar, while other appellants supported them on social media.
Meesha Shafi filed a complaint on April 30, 2018, before the Provincial Ombudsperson under the Protection against Harassment of Women at the Workplace Act 2010, which was dismissed on the ground of lack of jurisdiction.
The endorsement of this decision was also made by the Governor and the Lahore High Court, however, the Supreme Court granted leave to appeal in this matter on January 11, 2021, which is still pending.
On the other hand, Ali Zafar filed a civil suit in the District Court Lahore against Meesha Shafi under the Defamation Ordinance 2002 on June 23, 2018.
The appeal accuses the FIA’s investigation and proceedings of severe mala fide and collusion.
According to the petitioners, Ali Zafar filed the first complaint with the FIA on August 8, 2018, in which Meesha Shafi was not nominated as an accused, and this complaint was lodged more than four months after the alleged tweet.
Subsequently, when the parties submitted their lists of witnesses in the civil suit, Ali Zafar filed a second complaint on July 20, 2019, after an extraordinary delay of 17 months, in which Meesha Shafi and her key witnesses in the civil case were nominated as accused for the first time.
The appeal states that someone within the FIA maliciously advised Ali Zafar to nominate the witnesses in order to pressure them, as a result of which a key witness, Humna Raza, under pressure, apologized and withdrew her statement, which affected Meesha Shafi’s fundamental right to a fair trial.
Highlighting the legal flaws, the petition states that the offense under Section 20 of the PECA Act is non-cognizable, bailable, and compoundable.
Under Section 155(2) of the Code of Criminal Procedure (Cr.P.C), obtaining prior permission from a magistrate is a mandatory requirement before initiating an investigation into any non-cognizable offense.
However, the FIA issued notices, summoned, and recorded the statements of the appellants without taking permission from the court; such as Meesha Shafi’s statement being recorded on December 19, 2019, while formal permission from the magistrate was taken on September 24, 2020, just one day before the registration of the FIR.
According to the appellants, this is open illegal action, and the court also granted permission mechanically without reviewing the investigative material, which renders the entire case void.
In the appeal, the constitutional validity of Section 20 of the PECA Act 2016 has been declared contrary to Articles 4, 9, 10A, 13, 14, 19, and 25 of the Constitution.
It has been prayed to the apex court that the judgment of the Lahore High Court dated March 9, 2022, be set aside, Section 20 of PECA be declared unconstitutional, and FIR No. C-72/2020 registered against Meesha Shafi and others be quashed to meet the ends of justice.