Bombay High Court Dismisses Plea to Ban Pakistani Artists in Indian Film Industry
The Bombay High Court, in a recent ruling, dismissed a petition that sought a comprehensive ban on the engagement of Pakistani artists, including actors, singers, musicians, lyricists, and technicians, in the Indian film industry. The petition was filed by Faaiz Anwar Qureshi, a lyricist and film producer.
In their judgment, the division bench comprising Justice Sunil Shukre and Justice Firdosh Pooniwalla emphasized the significance of arts and culture in fostering peace and unity. They stated,
“Arts, music, sports, culture, dance and so on are the activities which rise above nationalities, cultures and nations and truly bring about peace, tranquillity, unity and harmony in nation and between nations.”
The court further observed that the plea was a
“retrograde step in promoting cultural harmony, unity and peace, and has no merit in it.”
They added,
“A person who is good at heart would welcome in his country any activity which promotes peace, harmony, and tranquility within the country and across the border.”
Qureshi’s plea highlighted resolutions passed by various associations, including the All-Indian Cine Workers Association (AICWA) post the Pulwama terror attacks, the Indian Motion Pictures Producers Association (IMPPA), and the Federation of Western Indian Cine Employees (FWICE), which called for a ban on Pakistani artists in the Indian film industry. The MNS Cinema Wing also cautioned against hiring Pakistani artists.
Advocate Vibhav Krishna, representing Qureshi, argued that allowing Pakistani artists to work in India might lead to discrimination against Indian artists. He contended that the favorable environment provided to Pakistani artists in India is not reciprocated for Indian artists in Pakistan. Krishna further stated that the ban was essential to prevent Pakistani artists from exploiting commercial opportunities in India, potentially depriving Indian artists of similar chances.
However, the court found Qureshi’s perspective on patriotism to be misplaced. They emphasized,
“One must understand that in order to be a patriot, one need not be inimical to those from abroad especially, from the neighboring country. A true patriot is selfless and devoted to the cause of his country and would welcome in his country any activity that promotes peace, harmony, and tranquility within the country and across the border.”
The court also highlighted that resolutions by private associations lacked statutory force and couldn’t be enforced through judicial orders. They stressed that implementing such bans would contravene the fundamental rights enshrined in Articles 19(1)(a), 19(1)(g), and 21 of the Constitution.
The bench also acknowledged the “positive steps” taken by the Indian government in promoting international peace, such as allowing the Pakistani cricket team to participate in the World Cricket Cup held in India. They concluded that entertaining such petitions would undermine these initiatives.
In conclusion, the court ruled that it couldn’t direct the government or the legislature to frame policies in a particular manner, leading to the dismissal of the petition.
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