We fought the war and we have won: ‘Maalik’ director Ashir Azeem

Sindh High Court nullifies ban on film, director Ashir Azeem says he has won the war

KARACHI: Ashir Azeem’s vigilante film Maalik is set to return to Pakistani theatres after getting the nod from the Sindh High Court.

Tuesday morning saw Chief Justice Sajjad Ali Shah, who headed the two-member bench that had reserved its verdict on Azeem’s plea challenging the ban, quash the Central Board of Film Censors (CBFC) notification issued on April 27.

“They [the government authorities] not only violated the principle of audi alteram partem, but their order is faced in clear derogation of the Section 9(2) of Motion Pictures Ordinance, 1979 and therefore, cannot be sustained,” the judges held.

Shah ruled: “In view of what has been discussed above, we allow this petition and quash the notification of the federal government dated April 27, 2016.”



Azeem, the film-maker, had approached the high court against censor watchdogs, both provincial and federal, and the federal information ministry for slapping a ban on the movie “unlawfully”.

According to his lawyer, barrister Farogh Naseem, the Sindh Board of Film Censors had issued a provisional certificate on April 6 for exhibition of the film and it was also cleared through the central and Punjab boards. The first hiccup came when Sindh censors suspended their certificate on April 26, which was withdrawn within hours.

However, an April 27 notification from the federal interior ministry declared it an “uncertified film in the whole of Pakistan”.

Naseem said that Maalik is based on social issues and depicts the negative aspects of the country’s politics in general, not taking a jab at the incumbent government or any institution of the country. He cited the 18th Amendment in arguing that after the devolution of censorship powers to the provinces, the federal government cannot de-certify the film’s exhibition.

In June the bench had reserved its verdict on the case after hearing the arguments of both the additional attorney general and Naseem.

In the judgment, the judges observed that revisional powers conferred on the respective governments are to be exercised consciously, not only because a penal action is envisaged but also because they have the authority to upset/reverse a CBFC decision.

Therefore, in case the federal or provincial government decides to exercise its powers under the aforementioned section, it not only has to issue a show-cause notice to those behind the film but also has to provide the material on the basis of which the action was initiated. This will enable them to address the questions raised and respond. Furthermore, once the response is examined, then only should the government decide the fate of the film, considering the interest and integrity of the state.

“Therefore, in the instant case both the chairman of the Central Board of Film as well as federal secretary in a mechanical manner have acted on complaints as if complaints contain gospel truth and they were asked to act accordingly,” the judgment reads.

The judges ruled that the CBFC notification is a derogation of the ordinance and hence cannot be sustained.



Talking to The Express Tribune, Azeem said, “I was always of the view that there is nothing controversial about the film. It’s just that the authorities wanted to send a message to film-makers that they shouldn’t make films telling the truth. We fought the war and we have won.” According to Azeem, even though the film was doing well before it was taken down; the cost of production was not recovered. Maalik is already playing overseas and is receiving positive response. In Pakistan, he hopes to release it, once again, before the end of the year.

When approached, CBFC Chairperson Mobashir Hasan said he cannot comment on the issue until they receive the court verdict.

Published in The Express Tribune, September 7^th, 2016.

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