FCC seeks fresh federal response in Meesha Shafi-Ali Zafar PECA case

ISLAMABAD: The Federal Constitutional Court (FCC) on Tuesday directed the federal government to submit a fresh response in the long-running legal dispute involving singer Meesha Shafi and actor-singer Ali Zafar, as the court took up Shafi’s challenge to proceedings under the Prevention of Electronic Crimes Act (PECA).

A two-member bench comprising Justice Syed Hasan Azhar Rizvi and Justice K K Agha heard the matter and adjourned further proceedings after observing that the additional attorney general could not simultaneously represent both the federal government and the Federal Investigation Agency (FIA).

The court directed the federation to obtain fresh instructions and file its response accordingly.

The matter is before the Federal Constitutional Court (FCC) because Shafi’s petition challenges the constitutional validity of Section 20 of PECA 2016, a category of case that falls within the FCC’s jurisdiction following the 27th Constitutional Amendment.

Shafi has asked the court to strike down Section 20 and quash the criminal case against her, arguing that the FIA proceedings were initiated contrary to legal requirements and were motivated by mala fide intent.

The Lahore High Court (LHC) had previously held that Section 20 was not inconsistent with Article 19 of the Constitution, which guarantees freedom of speech subject to restrictions imposed by law.

Criminal case stems from 2018 allegations

The dispute dates back to April 2018, when Shafi publicly accused Zafar of sexual harassment. Zafar denied the allegations and later initiated defamation proceedings against her.

The FIA subsequently registered a criminal case against Shafi and several others under Section 20(1) of PECA and Section 109 of the Pakistan Penal Code (PPC) on Zafar’s complaint, alleging that defamatory material had been circulated against him on social media.

Shafi challenged both the FIR and the constitutionality of Section 20 before the Lahore High Court, arguing that the provision violated constitutional protections for free speech and that the criminal proceedings should be set aside.

LHC rejected that challenge, holding that Section 20 did not violate Article 19.

After the creation of the Federal Constitutional Court under the 27th Constitutional Amendment, constitutional matters of this nature moved into the FCC’s jurisdiction, bringing Shafi’s challenge before the new court.