' KHURSHID ANWAR BHINDER, J.---Through the present constitutional petition, Zaheer Hussain Adil, petitioner has called in question the legality of impugned Letter No,PUCAR/DD/(D)/2008/73, dated 17-5-2008, issued by respondent No. 1.
2. Briefly the facts leading to the filing of this constitutional petition are that petitioner is a producer of dramatic performances at AlFalah Theater, Lahore. The script of dramatic performance PUCAR was submitted to respondent No.1 in line with the S.O.P. Formulated by respondent No.2. Respondent No,1 vide the impugned letter approved the script without song or dance.
3. Learned counsel for the petitioner submits that in earlier writ petition No,10792/2003 permission for the performance of dances in the stage dramas was accorded provided obscenity or vulgar dances are not performed. Since Monitoring Teams have already been formed by the Home Department to check the implementation of the requisite standards of censorship, therefore, there is no question of performing of obscene and vulgar dances. He further submits that the notification dated 11-4-2008 issued by the Government of the Punjab, Home Department and the impugned letter dated 17-5-2008 issued by the Punjab Council of the Arts are violative of Article 18 of the Constitution of the Islamic Republic of Pakistan, 1973 for the reasons that discrimination is meted out to the performance of dance in stage dramas especially when there is no restriction in shooting film songs at public places and also performing of dancing girls in the private houses at the functions. Performance of sequential and situational songs form integral part of the script of the drama, therefore, it cannot be detached from the main plot of the story.
4. Learned Assistant Advocate-General submits that performance of live dances on stage drama definitely pleases un-cultured, un-couth and un-civilized people of the society who are limited in number but no person of integrity and dignity appreciates the propagation and exhibition of vulgarity and obscenity in Society.
5. I have heard the learned counsel for the petitioner as well as the learned Law Officer and have also perused the available record. Petitioner seeks indulgence of this Court in permitting performance of live stage dances in the stage dramas. In this regard Provincial Government of the Punjab has evolved strategy and Standard Operating Procedures (SOP's) which was notified on 11th April, 2008 by the Home Department, Government of the Punjab which reads as under:- "No,SO(IS.II) 13-208/2008. In continuation of this Department's Notifications/SOPs Nos. 13-2-H-SPI.
11/2003, dated 17-11-2003, 29-6-2004 and No,13-60-H-Spl.11/2004, dated 15-8-2006, Competent authority in Government of the Punjab is pleased to order and issue clarification with regard to the dramatic performances etc. In the Punjab, with immediate effect, as under:--
(1) The instructions issued vide aforementioned Notifications SOPs by the Provincial Government (Home Department) in pursuance of the provisions of Principal Law i,e, Dramatic Performances Act, 1876 and the Punjab Rules of Business, 1974 (amended up 4o December, 2006), are hereby reiterated for strict implementation in letter and spirit by the District Governments concerned in terms of section 4 of PLGO 2001, whereby District Governments have to function within the provincial frame-work and adhere to the Federal and Provincial Laws and in performance of their functions; District Governments should not impede or prejudice the exercise of executive authority of the Government.
(2) The 10th Schedule under section 141 of PLGO 2001 only provides for enforcement mechanism of the Act ibid by the District Government which would ensure that provisions of the Act ibid are complied with and inform the competent authority i,e, Provincial Government (Home Department), in case of any breach and thereafter ensure compliance of any direction of Provincial Government in this regard. The inherent powers like issuance/withdrawal of licence arid taking punitive actions against delinquents are vested with the Provincial Government as envisaged in Principal Law i,e, the Act ibid.
(3) Henceforth, all Zila Nazims/DCOs in the Punjab will not grant any licence/permission for theatrical activities in their respective districts in contravention of Provincial Government's instructions contained in Home Department's instant and aforementioned Notifications/SOPs. The Cinemas and other buildings/places if earlier allowed by Zila Nazims/DCOs for theatrical purposes without prior licence/permission of Provincial Government (Home Department) stand recalled and the same be stopped forthwith in public interest with a view to discourage unhealthy increasing trend of vulgarity and prevailing law and order situation in the Province of Punjab."
' It is certainly very lamenting situation that none of the necessary and relevant ingredients of the said notification have been followed by the Department concerned as well as by the Producers and the Directors of the dramas. Learned counsel for the petitioner has particularly reiterated that if songs could be allowed in film making where dances and songs are shooted in public then why cannot it be allowed to be displayed at the stage drams, moreover dances could be performed at private parties in houses then why cannot permission be accorded by the Provincial Government to allow the performance of live songs at the stage. In this context he has argued that it is the clear violation of Article 18 of the Constitution of the Islamic Republic of Pakistan, 1973.
6. Keeping in view the arguments advanced by the learned counsel for the petitioner, this court observes that display of songs in films have direct link with the story and also are subject to the approval by the Full Censor Board which does not allow the exhibition of vulgar and obscene dances. As far as performance of dances by the dancing girls at private houses are concerned, it is observed that such type of dances are restricted to the fourwalls of the house and there is no display of obscenity or vulgarity as such type of dances are performed only to entertain the family on special occasions but performance of songs on stage is a live performance which crosses all norms and limits of decency. Display of vulgar, obscene and indecent dances of Punjabi and Indian films and indecent songs on live stage performance not only incites the sentiments of public but also promotes sexual perversion and frustration by viewing seminude private parts of the body of dancing women. Drama producers, for the sake of material gains are literally causing frustration and sexual perversion in the public without realizing that it is being done in an Islamic Republic of Pakistan which also inure the feelings of millions of religious minded people who can simply admonish this practice but pracitically cannot do anything except to show their displeasure and anguish to the concerned department of the Provincial Government.
7. Something positive has to be done in this regard, as number of times prior to the filing of instant writ petition, different mechanisms had been suggested to the relevant quarters but no positive results could be achieved so far. It perhaps may be because of failure on the part of concerned department that implementation of Court orders or directives of the concerned department could not be carried out in letter and spirit. Policies suggested and orders passed in the earlier writ petitions have certainly been adorable and convincing but somehow due to malpractice prevailing in the Government departments and underhand deals with the drama producers and monitoring teams of the concerned departments, this menace in the society is still prevailing. It also appears that lack of check by the monitoring teams established by the local administration at district level could be the one of the causes of not eradicating this prevailing vice in our society and culture. There are certain channels on television which display recording to the semi nude dances, which are being exhibited on the stage, round the clock which, I am afraid, cannot be viewed with the family members. It is hazardous to the children's idiosyncrasies, as their immature mind is attracted to vulgarity and obscenity. Children are more prone to spontaneous adoptability and reaction.
8. Above all it is absolutely deplorable to have this kind of cheap entertainment in a Islamic country like Pakistan, where millions of religious minded people's feeling are injured. Display of semi nude private parts of the body of women is highly deprecated in Islam. As it is being done on the stage plays by exhibiting and exposing women. It is certainly great humiliation to the womenfolk to be exposed in any manner publicly. Islam has attached great importance to the respect and honour to women, as she is a mother, a sister and a daughter. Even otherwise, womenfolk is restrained in exposition herself before men of prohibited degree as is mentioned in Suras A'raf and Al-Noor which are reproduced hereunder:-- "Sura `A'raf' Verse 26.-0 ye Children of Adam! We have bestowed raiment Upon you to cover Your shame, as well as to be an adornment to you, Buttheraiment of righteousness---That is the best.
Such are among the Signs Of Allah, that they May received admonition!.
Sura `A'raf' Verse 27.-0 ye children of Adam! Let not Satan seduce you. In the same manner as He got your parents out of the Garden, stripping them of their raiment, to expose their shame: for he and his tribe watch you from a position where ye cannot see them: we made the Evil Ones friends(Only) to those without faith.
Sura "A;1-Noor" Verse--31.---And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms and not display their beauty except to their husbands, their fathers, their husbands' fathers, their sons, their husbands' sons their brother and their brothers' sons, ' Or their sisters' sons, or their women, or the slaves whom their right hands possess, or male servants free of physical needs, or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw their attention to their hidden ornament. And 0 ye believers turn ye all together, towards Allah, that ye May attain Bliss."
9. For what has been discussed above, impugned notification dated 11th April, 2008 issued by the Home Department, Government of the Punjab shall remain in operation, however, only those stage plays are permitted to be exhibited which fulfil all the criteria laid down in the impugned notification dated 11-4-2008.
' Henceforth, performance of live dances on stage dramas on the pretext of sequential songs which have no link with story are rather displayed abruptly without any sequence with the main plot of the drama are immediately restrained to be exhibited, as in earlier writ petition No,11279/2003 and writ petition No,10792/2003 only situational musical items by the male/female artists were allowed in the drama subject to the condition that (i) it should not be obscene or vulgar/provocative (ii) censor panel approves the musical performance but I am afraid none of the above mentioned direction and criteria laid down by this Court in above said writ petitions was followed and implemented. Therefore, this time, this court makes sure the implementation of this order through the prescribed agencies in the said notification.
10. As far as the script of the stage drama is concerned, procedure laid down in the above said notification should be followed but exhibition of live dances is immediately stopped whether they are sequential or situational. In this context all the DPOs and DCOs of the Punjab Province are directed to immediately implement the order of this Court failing which contempt proceeding shall be initiated against the concerned DPOs and DCOs for non-compliance of the order of this Court.
Copy of the order of this Court shall be immediately communicated and circulated to all the DCOs through the Chief Secretary Punjab and to DPOs through the Inspector General of Police Punjab.
Deputy Registrar (Judicial) of this Court shall supply the copy of this order to the Chief Secretary and the Inspector General of Police Punjab. Copy of this order be also sent to the Executive Director, Punjab Council of the Arts, Lahore as well as Resident Director Al-Hamrah Arts Council, Lahore for strict compliance.
11. For what has been discussed above, this writ petition has no force and is hereby dismissed.