Moulvi IQBAL HAIDER vs FEDERATION OF PAKISTAN through Secretary Ss — 2023 PLD 182 KARACHI-HIGH-COURT-SINDH

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Moulvi IQBAL HAIDER VS FEDERATION OF PAKISTAN through Secretary Ss. 6 & 8---Constitution of Pakistan, Arts. 199 & 227---Certification of films---Constitutional petition---Maintainability---Petitioner sought an order imposing ban on a film so as to restrain its release for the reason that it portrays a relationship between a married man and a transgender woman, which storyline violates Islamic teachings and the Constitution of Pakistan---Validity---Perusal of Art. 227 reflects that it simply stipulates inter alia that "All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, in this part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such Injunctions", hence apparently it bears no applicability to a mere film per se---It does not necessarily follow that a film would be prejudicial to the "glory of Islam" merely because its theme or storyline does not strictly conform with social or cultural values---Islam, being the great global religion that it is, is strong enough to withstand a cinematic work portraying a purely fictional account of a relationship humanising a transgender character, and are equally sanguine that our society is not so weak as to crumble as a consequence---Transgender persons are equal citizens of Pakistan in all respects and the stories of their life, their struggles and their human relationships deserve equal space and recognition---Petitioner also does not properly qualify as an "aggrieved person" for the purpose of Art. 199, as his fundamental rights have not been infringed---Constitutional petition is dismissed.

Moulvi IQBAL HAIDER vs FEDERATION OF PAKISTAN through Secretary Ss — 2023 PLD 182 KARACHI-HIGH-COURT-SINDH

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