ISLAMABAD – The Supreme Court has approved the appeal of Pakistani singer Meesha Shafi against the verdict of Lahore High Court (LHC) for the initial hearing.
The apex court led by Justice Mushir Alam on Monday delivered notices to singer-actor Ali Zafar and Punjab Advocate General, stating that suo moto notice over the interpretation of harassment is also under hearing.
The musician had originally filed a complaint with the provincial ombudsperson in 2018, accusing Zafar of harassment.
The plea was finally declined on technical grounds, affirming that as Shafi and Zafar “did not have an employer-employee relationship”, the case could not be heard [in that forum]. The complaint had been registered under the Protection Against Harassment of Women at Workplace Act, 2010.
Shafi had then appealed against the decision before the Punjab governor, whom her legal team acknowledged as the competent jurisdiction to examine any decisions made by the ombudsperson.
Nevertheless, the Punjab governor also confirmed the ombudsperson’s decision in July 2018, dismissing her request on technical grounds. Shafi subsequently approached the LHC to challenge the governor’s decision, where the LHC also endorsed the ombudsperson’s decision.
Throughout today’s proceedings, Shafi’s counsel told the court that, “The [Lahore] High Court ruled that Meesha Shafi was not an employee.”
“Students at educational institutions are also harassed, and they are not employed by educational institutions. Is harassment not to be prosecuted?” he maintained.
The counsel further stated that the Lahore High Court and the provincial ombudsmen did not accurately interpret the law.
After hearing the arguments, the supreme court remarked that the points raised by the petitioner must be reviewed, and clubbed the case with the suo moto notice taken to define sexual harassment, also pending in the court.
The hearing was suspended for an indefinite period.
Leave granted by the Supreme Court of Pakistan in Meesha Shafi vs The Governor of Punjab to consider whether all women, including students, are covered under Pak's harassment law!
We're very proud today & for Mr. Khwaja Ahmad Hosain for the most brilliant advocacy! pic.twitter.com/EwLlqKzKWr
— Noor Ejaz Chaudhry (@noorejazch) January 11, 2021
In April 2018, Shafi accused Ali Zafar of harassment on ‘more than one occasion.’ “This happened to me despite the fact that I am an empowered, accomplished woman who is known for speaking her mind,” she said.
In response, Ali Zafar filed a defamation suit against Shafi. He dismissed the allegations and wants her to pay compensation for the loss of his reputation and levelling false allegations against him.
