LAHORE: Dismissing applications of singer Meesha Shafi and another seeking permanent exemption from personal appearance in a case of running a malicious campaign against actor-singer Ali Zafar on social media, a judicial magistrate has observed that the suspects are making a mockery of the process of law and court.
“They are playing hide and seek before the court and due to their absence, the trial of the case has been hampered badly,” Magistrate Ghulam Murtaza Virk notes in his written order released on Monday about Saturday’s hearing in the case.
Shafi and Maham Javed filed the applications saying they are permanent residents of Canada and the United States, respectively and it is hard for them to appear before the court on each and every hearing due to their professional engagements outside the country.
The applicants said they have appointed their pleaders who shall appear on each and every hearing on their behalf, therefore, their personal attendants may be dispensed with till the decision of the case and they may be allowed to appear before the court through their counsel.
Suspects making mockery of legal process, says court
They also referred to different judgements of the superior courts in support of their applications.
The magistrate, in his order, states that perusal of the record reveals that the challan (investigation report) was submitted on Dec 21, 2020 and despite issuance of summons and bailable warrant of arrest the suspects never turned up to appear before the court.
For the first time, they appeared before the court on Dec 4, 2021 and on the very first day they moved the applications for exemption from appearance.
He observes that three adjournments were taken by the complainant’s counsel to argue these applications but again on Jan 31 they (suspects) moved an application for their personal dispensation of attendants for one day which was dismissed and after that, they never appeared before the court to contest the case filed against them.
“In these circumstances, they are not entitled to discretionary relief from this court,” the magistrate stated dismissing the applications.
The magistrate summoned the absentee suspects including Shafi and Ms Javed through bailable warrants of arrest of Rs50,000 each for March 19.
The magistrate also dismissed the acquittal applications of two other suspects including Ali Gul Pir and Leena Ghani with an observation that they had not denied sharing the posts against the complainant on social media.
He observes that not even a single ground has been agitated in the petitions from which the court can ascertain that no incriminating material is available on the file.
“Hence, the petitions filed by the accused Ali GuI Pir and Ms Leena Ghani are meritless and the same are hereby dismissed,” says the order.
The FIA had lodged the FIR under section 20 of the Pakistan Electronic Crime Act and section 109 of the Pakistan Penal Code against nine persons allegedly for running a smear campaign against the complainant on social media.
The agency in its challan said the investigation established that all the suspects including Shafi posted serious/direct allegations and defamatory/derogatory content on social media against the complainant.
Published in Dawn, February 22nd, 2022
