Lahore, 8th November: Ali Zafar’s defamation case was fixed for Meesha’s evidence on 07.11.2020 and on last hearing undertaking given by Meesha’s counsel to produce witnesses if no stay is granted by the Lahore High Court.
After the dismissal of Meesha Shafi’s petition in the High Court to stay Ali Zafar’s defamation case, Ms Shafi once again failed to produce witnesses in court as per the undertaking and the court’s order.
Mr Jalani informed the court that Ms Shafi is available on Zoom however the case may be adjourned due to strike of a bar. It was further contended that remaining witnesses are not available and the case may be adjourned.
Ali Zafar’s counsel Mr Umer Tariq Gill, vehemently opposed the request for adjournment. It was pointed out that the availability of Misha Shafi can not be treated as the presence of witness because the division bench of the honourable Lahore High Court has Laid down the criteria of a recording of evidence through video link.
The video link evidence can only be recorded if the witness is present in the Pakistani embassy or any court at the place of witness residence. The mere availability of witnesses at zoom can’t be treated as the presence of witnesses.
Mr Gill argued that if such criteria are fulfilled he is ready to cross-examine Miss Meesha. However, Mr Jillani retracted and requested for 15 days adjournment to produce Ms.Shafi.
Mr.Gill requested the court that the directions may be issued to Miss Misha to appear in court to record her evidence instead of recording the same through video link.
Mr.Jillani argued that Ms Shafi should not be directed to appear in court as the same is costly & Meesha’s should not be directed to bear the expense of this unnecessary and malafide proceedings.
Ali Zafar counsel offered to bear entire expenses and further undertake to deposit the same in court. It was further argued that Meesha can come to Pakistan for protests and to sign contracts but for her the court proceedings are unnecessary.
Mr.Jillani refused to accept the offer for the deposit of expenses by Ali Zafar’s counsel and requested the court to adjourn the case.
To this Zafar’s lawyer argued that the case has been pending for two and a half years and already delayed by the opposing counsel against the orders of the High Court and the Supreme Court last year to conclude the case within 90 days last year by April 2019.
Omer Gill argued that Ms Shafi had been deliberately trying to delay the case.
The court after hearing the parties counsels directed Meesha to ensure the presence of witnesses on next date of hearing i.e. 14.11.2020.
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