December 02, 2008	Tuesday	Zilhaj 3, 1429

LAHORE, Dec 1: A division bench (DB) of the Lahore High Court (LHC) on Monday suspended its single bench’s orders banning dance performances in stage dramas throughout the Punjab province.

On Nov 12, Justice Khurshid Anwar Bhinder had banned stage dramas, citing the element of obscenity and its impact on children’s mind as a reason for the orders.

“There is no law in the country that barred live dance performances on stage. It is an art that has had centuries old tradition,” remarked Justice Sheikh Azmat Saeed, who was heading the DB, while issuing notice to Punjab government for Dec 15.

A law officer opposed the appeal against single bench’s orders, saying that dances were spreading vulgarity in society. Justice Saeed, however, did not agree with him and asked: “Does the Punjab government know the meaning of vulgarity?” Then the judge himself explained that it stands for “poor taste”. “A man wearing brown shoes with black suit or a young man wearing a pink shirt is called “poor taste,” the judge elaborated.

The judge asked law officer would government also restrain Chinese delegation from performing in Pakistan in the wake of a ban on dances? “Will they not dance during their shows?” the judge asked.

“Thousands of devotees dance hysterically at shrines of saints throughout Pakistan. Do their dances not fall under the category of ‘banned dances’ and if so, why were they not booked and arrested?” the judge observed.

Zaheer Hussain Adil, a local stage dramas producer, had challenged the ban on dances through an intra-court appeal.

The DB consisting of Justice Sh Azmat Saeed and Justice Syed Asghar Haider heard the appeal on Monday and also suspended the May 17 orders of the Punjab Arts Council under which dance performances from the script of a drama were removed.

Appellant’s counsel Imran Aziz Khan said that the Nov 12 judgment of the single bench was in conflict with the earlier judgments of the high court that clearly stated that songs and dances in theatrical performances may not be banned altogether. He said dance was a recognised form of art and it could not be banned.

He said on the one hand the government facilitated the participants of World Performing Art Festival but on the other stopped artistes from providing cheap entertainment to people. He pointed out that the petitioner and others were subjected to discrimination by the government.

He said banning dance was also violation of citizens’ fundamental rights guaranteed under the Constitution. He said it was primary duty of the government to control obscenity in society but it failed to do so.

The provincial government had formed a committee consisting of representatives of Punjab Arts Council, officials of district coordination officer and the home department to approve the scripts of stage dramas with or without songs/dances. But, the petitioner pleaded, the arts council bypassing this exercise issued the May 17 notification.