KARACHI, Dec 12: The release of Indian films in Pakistan would revive the flagging fortunes not only of cinemas but also of the film industry, a prominent lawyer argued before a division bench of the Sindh High Court on Tuesday.

Making his submissions as amicus curiae (friend of the court), Advocate Qazi Faez Isa maintained that the ban was irrational and resulted in closing down of about 925 cinemas over the years and bringing down the number and quality of feature films produced in Pakistan. The industry is in dire straits and the court can take judicial notice of the consequences of an unreasonable ban. The lawyer, along with Advocate-General Anwar Mansoor Khan, has been asked by the bench, which consists of Justices Mushir Alam and Syed Zawwar Hussain Jaffery, to assist it in deciding two petitions moved by the Pakistan Film Exhibitors Association and M/s Mahboob Pictures for permission to import and screen Indian movies, particularly ‘Anmol Ghari’, which was banned after the 1965 war.

Earlier, the petitioner association’s counsel, Mahmood Mandviala, submitted copies of documents showing that ‘there was no restriction whatsoever on import and exhibition of Pakistani films in India’ to controvert federal government counsel Sofia Saeed Shah’s claim on the previous date that the curbs on cinematographic material between India and Pakistan were mutual and bilateral.

Advocate Faez Isa said 55 per cent of the price of a cinema ticket went to public coffers and the exhibition of Indian films would generate public revenue. When all manner of Indian movies are aired on cable, even by Pakistani channels, no taxes are earned and no jobs are created. Video cassettes of Indian movies infringe intellectual property rights without yielding any corresponding benefit. The influx of unregulated and uncensored Indian, European and American films was causing all-round damage. If Indian films were to be shown in cinema houses, they would be subject to control and censorship.

The ban on Indian films, the lawyer said, had failed to achieve the desired results. On the contrary, it produced negative consequences that were not foreseen at the time of its imposition. The ban is also repugnant to Article 18 of the Constitution, which ensures freedom of trade, business and profession.

The court was fully empowered to intervene to put an end to the lopsided policy. Permission was given for screening of Mughal-i-Azam and Noor Jahan while the ban was in force. Indian films were also shown at festivals, including KaraFilms. The ban was effective only in as far as cinemas were concerned, he argued.