MEERA SHAFI (MEESHA SHAFI) vs ADDITIONAL DISTRICT JUDGE O — 2026 CLC 624 LAHORE-HIGH-COURT-LAHORE

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MEERA SHAFI (MEESHA SHAFI) VS ADDITIONAL DISTRICT JUDGE O. XXXIX, Rr. 1 & 2---Defamation Ordinance (LVI of 2002), S.3---Constitution of Pakistan, Arts. 14 & 19---Suit for recovery of damages under the Defamation Ordinance, 2002---Limited interim injunction, grant of---Principles---Preventing irreparable harm during pendency of suit---Allegations of sexual harassment were made by petitioner (lady) against the respondent---Suit for damages was filed by respondent against the petitioner claiming substantial reputational harm arising from sexual harassment allegations---Interim injunction was granted by Trial Court restraining the petitioner from making any statement regarding the subject matter of the alleged defamation until the disposal of the suit---Legality---At present preliminary stage, the truthfulness or otherwise of the allegations could not be determined without recording of evidence---Repetition or continuous propagation of such allegations, while the matter was sub judice, would amount to conducting a parallel media trial, which was neither permissible nor desirable in the interest of justice and fair adjudication---Respondent had successfully established a prima facie case in his favour; the allegations levelled against him, if found to be untrue, were of such a nature that they directly struck at his dignity, honour and professional credibility---Material available on record primafacie showed that the suit raised serious triable issues requiring evidence, and therefore, the respondent could not be left remediless during pendency of the proceedings---Balance of convenience also tilted heavily in favour of respondent---If the injunction was not maintained, respondent would continue to suffer damage to his reputation on a daily basis---On the contrary, the petitioner would not suffer any irreparable prejudice by being restrained from making statements relevant to the controversy till the matter was decided on merits---Restraint imposed was temporary in nature and subject to the final outcome of the suit---Trial Court had rightly exercised its discretion by imposing a limited and reasonable restriction, instead of a blanket prohibition, thereby ensuring that the petitioner's right to speech was not completely curtailed---Impugned order, by restraining only such statements which were directly related to the matter in controversy, achieved aconstitutional balance between two competing rights i.e. freedom of speech (Article 19) and inviolability of the dignity of man (Article 14) and did not amount to an unlawful curtailment of freedom of expression---Impugned order was a well-reasoned order based on sound legal principles and did not warrant interference by this Court---Constitutional petition was dismissed.

MEERA SHAFI (MEESHA SHAFI) vs ADDITIONAL DISTRICT JUDGE O — 2026 CLC 624 LAHORE-HIGH-COURT-LAHORE

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