LAHORE: A Lahore magistrate on Sunday dismissed the case against transgender persons accused of organizing an “objectionable” private party after police arrested them earlier.
The case was dismissed after the court found no incriminating evidence that linked the accused to the alleged offences.
In the court order, the judge stated that no private witness had been associated with the raid, and no statements had been taken. Additionally, the file did not include any permissions for conducting a raid on a private property.
The court noted that it appeared the accused were included in the case based on “forged and concocted facts.”
“No incriminating material is available on record which connects the accused persons with the commission of alleged offences. Hence, the request of 10 days for physical remand of the accused persons is hereby turned down, and the accused persons present in the court are hereby discharged in this case,” the court order concluded.
Lawyer Haider Butt, who represented the accused, confirmed to Dawn that all the accused had been released and the case against them was discharged.
The incident came to light after videos of the gathering, purportedly involving 50-60 individuals, including transgender persons, went viral on social media. Fashion designer Maria B had initially posted the videos, demanding action against what she claimed were “transgender activists,” terming such gatherings as “against the moral values of the country.”
According to the FIR, dated August 1, the footage allegedly contained “explicit content” and triggered public outcry, leading to a swift law enforcement response. The case was registered on behalf of the government at Naseerabad police station under sections 292 (sale of obscene material), 292-A (printing/advertising obscene matter), and 294 (obscene acts in public) of the Pakistan Penal Code, alongside Section 6 of the Sound System Act.
After the arrests, Deputy Inspector General of Police (Operations) Lahore, Faisal Kamran, condemned the promotion of “obscenity” under the guise of a party and photoshoot. He emphasized that illegal and unethical acts would not be tolerated and vowed that all those involved would face legal consequences.
However, the situation took a turn when Islamabad-based transgender rights activist Nayyab Ali responded to the incident, claiming that the individuals in the video were “not trans activists” and had “nothing to do with our movement.”
Ali also alleged that the video was shot at a private party and only went viral after Maria B posted it, saying, “If it’s fahashi (vulgarity), then who spread it to millions? Maria B did. That’s a crime itself.”
In light of the controversy, human rights activists raised concerns over the potential misuse of morality laws, especially on social media. A legal expert, requesting anonymity, explained that while obscenity laws exist, their vague wording often leads to arbitrary enforcement, disproportionately targeting marginalized communities.
Meanwhile, the government has vowed to expand its crackdown on “immoral activities” across the province. Authorities are under pressure to strike a balance between protecting public morals and safeguarding individual freedoms, especially when it comes to social media content.
This case has sparked further debate about the scope and enforcement of morality laws in Pakistan, particularly concerning the rights of marginalized groups like the transgender community.
