| Citation(s) |
|---|
| 1981 SLG 162 1981 SLD 162 1981 SCMR 101 |
Supreme Court of Pakistan
Civil Appeal No. 47 of 1977, decision dated: 4th October 1980.(On appeal from the judgment of the Lahore High Court dated 16-1-1976 in L. P. A. No. 125 of 1975)
MUHAMMAD AFZAL ZULLAH, NASIM HASAN SHAH AND FAKHRUDDIN G. EBRAHIM, JJ
Ch. Fazal-e-Hussain, Advocate-on-Record for Appellants. Shahudul Haq, Advocate Supreme Court for
Respondent No. 1. A. N. Chana, Director Information for
Respondent No. 2.
Civil Appeal No. 47 of 1977, decision dated: 4th October 1980.(On appeal from the judgment of the Lahore High Court dated 16-1-1976 in L. P. A. No. 125 of 1975)
MUHAMMAD AFZAL ZULLAH, NASIM HASAN SHAH AND FAKHRUDDIN G. EBRAHIM, JJ
Ch. Fazal-e-Hussain, Advocate-on-Record for Appellants. Shahudul Haq, Advocate Supreme Court for
Respondent No. 1. A. N. Chana, Director Information for
Respondent No. 2.
GOVERNMENT OF PAKISTAN THROUGH SECRETARY, EDUCATION AND 2 others
VS
SHAHID AFZAL AND another
Law:
Section:
(a) Censorship of Films Act (XVIII of 1963)---S. 5 and Censorship of Films Rules, 1963, r. 21 (3)--Decertification of films-Films not exhibited in same form in which certified Censor Board seeing film again and unanimously holding accusation correct-Federal Government after considering reply of respondents finding no reason for not accepting version of Censor Board and decertifying film-Held : No ground existed for Court in circumstances to substitute its own opinion for that of Federal Government. (b) Censorship of Films Act (XVIII of 1963)-- --- S. 5 and Censorship of Films Rules, 1963, r. 21(3)-Rule 21(3)-Import of phrase "opportunity of representing his case before Federal Government"-Held : Varies from case to case and dimension of opportunity to be given cannot be guaged with exactitude. (c) Censorship of Films Act (XVIII of 1963)- -- -- S. 5 read with Censorship of Films Rules, 1963, c'. 21 (3)-Decertification of Films-Reason-Case being a simple case of two versions and competent authorities accepting one vorsion in preference to other, no necessity, held, arose for recording any elaborate order and impugned order could not be set aside for having not recorded reasons in circumstances. JUDGMENT NASIM HASAN SHAH, J.--This appeal by special leave is directed against the judgment of a Division Bench of the Lahore High Court dated 16-1-1976 passed in Letters Patent Appeal No. 125 of 1975. 2. The facts briefly stated are that the respondent Shahid Afzal produced a Punjabi Film by the name of `Khatarnak' for the release of which necessary Censorship Certificate was issued by the Censor Board at Lahore on 2Q-8-1974 The respondent released the picture for exhibition in Lahore, Lyallpur and other places in the Punjab. It appears that on receipt of complaints that the picture contained vulgar, obscene and undesirable scenes, Mian Hamid Yasin M. N. A, who was a Member of the Censor Board which in the first place had certified the film with some excisions as fit for exhibition, again saw the film on 27th August 1974, in the company of Mr. Abdul Rashid, Additional Deputy Commissioner, Lahore in Naela Cinema, Lahore. On seeing the film, he was convinced that the film…
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