SHC dismisses petition against ‘Joyland’ release
The Sindh High Court (SHC) has dismissed as inadmissible a petition against the release of “Joyland”, a movie nominated for Academy Awards that has stirred controversy in Pakistan.
The written judgment issued on Saturday states that the petitioner submitted that the film would encourage immorality in society, but has not pointed out any legal flaw in its certification process. He failed to state as to which clause of the Constitution the film’s release would violate.
The petitioner relied only on Article 227 of the Constitution but could not prove violation of that too. Article 227 states: “All existing laws shall be adapted according to the injunctions of Islam and that no such law shall be enforced which is contrary to the Holy Qur’an and Sunnah.”
The petitioner did not even directly challenge the certification of the film. Strict and critical aspects of social or cultural values are not necessarily antithetical to the spirit of Islam.
In the written judgment, the court states that not any such material has been found in Joyland movie that insults Islam, or any material against any religious place or personality. The film does not contain any content that violates any law. The applicant’s attitude and arguments show frivolity.
The judgment further states that the petitioner also failed to prove the claim. The film has passed through the censor stage where the release is allowed with certification after the content is checked.
The judgment says that it is not the job of the court to pass a moral judgment and to restrain filmmaker’s freedom of speech and expression. Article 19 of the Constitution grants every citizen the right to freedom of expression.
“Our society is not weak enough to fall apart over issues like transgenderism. Transgenders are equal citizens of Pakistan in all respects and their lives, their struggles deserve equal space and recognition,” the court stated as it dismissed the application as inadmissible.
Published in The Express Tribune, November 27th, 2022.