LEGAL

SC Upholds Harassment Conviction, Dismisses Appeal Against LHC Verdict

Supreme Court upholds the compulsory retirement of Muhammad Din over harassment allegations by Dr. Sidra Zafar. Justice Shah emphasizes that harassment is about power and control, reinforcing gender hierarchies.
2025-02-20
SC Upholds Harassment Conviction, Dismisses Appeal Against LHC Verdict

The Supreme Court has upheld a Lahore High Court (LHC) verdict in a sexual harassment case, dismissing a petition challenging the compulsory retirement of Muhammad Din, a government employee, over allegations of workplace misconduct.

The judgment, dated February 12, was issued in response to a plea by Din, who contested his retirement after being found guilty of harassing Dr. Sidra Zafar. The Punjab Ombudsperson had originally ruled in March 2020 that Din’s actions constituted harassment, imposing the penalty of compulsory retirement. This decision was subsequently upheld by the Punjab governor in August 2020 and later reaffirmed by the LHC in March 2023.

In his ruling, Justice Shah rejected Din’s appeal, stating that the LHC’s decision contained no jurisdictional errors, illegality, or procedural irregularities. He further highlighted the systemic nature of workplace harassment, noting that it is not just about individual misconduct but reflects deeper power dynamics and gender-based discrimination.

“When women’s authority is perceived as illegitimate or easily undermined, colleagues, clients, and even subordinates may use harassment as an ‘equalizer’ to reassert traditional power dynamics,” Justice Shah observed in the judgment.

Citing legal scholar Catherine MacKinnon, the ruling emphasized that sexual harassment is not merely about personal interactions but a systemic issue that reinforces gender hierarchies in the workplace.

The case originated in 2019 when Zafar filed a complaint with the Punjab Ombudsperson, detailing how Din subjected her to verbal abuse, character assassination, and inappropriate conduct. Despite repeated requests to the department for his transfer, Zafar lacked the authority to remove him from his position.

The Supreme Court’s ruling marks a significant stance on workplace harassment in Pakistan, reinforcing the importance of legal protections for victims and accountability for perpetrators. The judgment is expected to serve as a precedent in future cases concerning gender-based workplace discrimination and misconduct.