ISLAMABAD - The Supreme Court of Pakistan Wednesday accepted the petition of Meesha Shafi, a singer against Section 20 of the Pakistan Electronic Crimes Act (PECA) and ordered the concerned official to stay the criminal proceeding against her until next date. A two-member bench of the apex court headed by Justice Qazi Faez Isa conducted hearing of an appeal of Meesha Shafi against Section 20 of Pakistan Electronic Crimes Act (PECA).
The bench, however, said the civil proceedings against the singer regarding defamation would continue. Attorney General for Pakistan and Advocate General Punjab were issued notice to assist the Court. Justice Faez observed that there are contrary judgments of two High Courts and the Islamabad High Court (IHC) had voided the Section 20 of PECA, while the Lahore High Court (LHC) had maintained this section of the Act. “What would be the constitutional status of two [high court] rulings as both are contradictory to each other,” he questioned. “Can a defamation case be filed under the criminal law,” he further asked. Meesha’s lawyer said that defamation was a non-criminal offence and a fine is usually imposed in case it is proved. Justice Isa further asked that whether Section 20 was in contrast to Article 19 of the Constitution. “Why is the freedom to express being turned into a criminal act,” Justice Isa asked. The judge inquired that whether there will be a sentence for “calling a thief a thief”. “If someone calls someone a thief or a murderer, will they be punished for just saying that?” Justice Isa asked. He further said that nowadays, you will only hear ‘thieves, thieves’ on every TV channel and fingers were also being pointed at judges, why?
All of these campaigns attract defamatory proceedings, Zafar’s lawyer said.
Justice Isa added that the Federal Investigation Agency (FIA) turned blind eye to the content of proscribed outfits on social media but it would swing into action quickly on a single tweet. “In Pakistan, you could say anything about anybody and no one will be bothered to take action,” the judge added. Justice Isa said during military dictator Ziaul Haq’s rule, women were convicted under the Qazf Ordinance. He, however, added Islam granted complete protection to women. Ali Zafar’s lawyer said a campaign was started on social media to defame his client. Justice Isa said that he knew and understood what was defamatory on social media. Later, the bench deferred the hearing for indefinite period.
The bench, however, said the civil proceedings against the singer regarding defamation would continue. Attorney General for Pakistan and Advocate General Punjab were issued notice to assist the Court. Justice Faez observed that there are contrary judgments of two High Courts and the Islamabad High Court (IHC) had voided the Section 20 of PECA, while the Lahore High Court (LHC) had maintained this section of the Act. “What would be the constitutional status of two [high court] rulings as both are contradictory to each other,” he questioned. “Can a defamation case be filed under the criminal law,” he further asked. Meesha’s lawyer said that defamation was a non-criminal offence and a fine is usually imposed in case it is proved. Justice Isa further asked that whether Section 20 was in contrast to Article 19 of the Constitution. “Why is the freedom to express being turned into a criminal act,” Justice Isa asked. The judge inquired that whether there will be a sentence for “calling a thief a thief”. “If someone calls someone a thief or a murderer, will they be punished for just saying that?” Justice Isa asked. He further said that nowadays, you will only hear ‘thieves, thieves’ on every TV channel and fingers were also being pointed at judges, why?
All of these campaigns attract defamatory proceedings, Zafar’s lawyer said.
Justice Isa added that the Federal Investigation Agency (FIA) turned blind eye to the content of proscribed outfits on social media but it would swing into action quickly on a single tweet. “In Pakistan, you could say anything about anybody and no one will be bothered to take action,” the judge added. Justice Isa said during military dictator Ziaul Haq’s rule, women were convicted under the Qazf Ordinance. He, however, added Islam granted complete protection to women. Ali Zafar’s lawyer said a campaign was started on social media to defame his client. Justice Isa said that he knew and understood what was defamatory on social media. Later, the bench deferred the hearing for indefinite period.
