The Federal Constitutional Court has directed the federal government to submit a fresh response in the ongoing legal dispute between singer Misha Shafi and actor-singer Ali Zafar.
A two-member bench of the Federal Constitutional Court in Islamabad, comprising Justice Syed Hasan Azhar Rizvi and Justice K.K. Agha, heard Shafi’s petition challenging proceedings under the Prevention of Electronic Crimes Act (PECA).
A case was registered against Misha Shafi under Section 20 of the PECA Act 2016 over alleged defamation on social media.
During the hearing, the court observed that the Additional Attorney General could not represent both the federal government and the Federal Investigation Agency (FIA) simultaneously. It directed the federal government to obtain fresh instructions and submit its response before adjourning further proceedings indefinitely.
Misha Shafi has challenged the constitutionality of Section 20 of PECA 2016, seeking its annulment and the dismissal of the criminal case registered against her.
She argued that the FIA proceedings were initiated in violation of legal requirements and were motivated by malice.
The case is being heard by the Federal Constitutional Court following the 27th Constitutional Amendment, after which constitutional cases of this nature came within its jurisdiction.
The Lahore High Court had previously ruled that Section 20 of PECA did not violate Article 19 of the Constitution, which protects freedom of expression subject to legally imposed restrictions.
Dispute dates back to 2018
In April 2018, Misha Shafi accused Ali Zafar of sexual harassment, allegations he denied. Zafar subsequently initiated defamation proceedings against her. A court ruled in Zafar’s favour and ordered Shafi to pay Rs5 million in damages.
In response to Zafar’s defamation suit, Shafi filed a separate Rs2 billion defamation claim against him in a Lahore sessions court in 2019. The claim was dismissed in February 2020.
Following a complaint by Ali Zafar, the FIA registered a case against Misha Shafi and others under Section 20(1) of PECA and Section 109 of the Pakistan Penal Code over allegations of spreading defamatory content against Zafar on social media.
In April 2026, Shafi appealed the sessions court’s decision to the Lahore High Court, which conditionally suspended the damages order issued by the lower court.
She also challenged the FIR and the constitutionality of Section 20 of PECA, arguing that the provision violated her constitutional right to freedom of expression and that the criminal proceedings against her should be terminated.
The Lahore High Court dismissed her petition. Following the establishment of the Federal Constitutional Court under the 27th Constitutional Amendment and the transfer of relevant constitutional matters to its jurisdiction, the case came before the new court.
Also Read: New legal twist emerges in Ali Zafar–Meesha Shafi defamation case
