19 Oct 2023 2:56 PM GMT
The Bombay High Court on Tuesday dismissed a petition seeking a complete ban on Indian citizens, companies, and associations from engaging Pakistani artists, including actors, singers, musicians, lyricists, and technicians.
A division bench of Justice Sunil B Shukre and Justice Firdosh P Pooniwalla observed that the petition is a “retrograde step in promoting cultural harmony, unity and peace, and has no merit in it.”
The petition filed by a cine worker, sought directions to the Information and Broadcasting Ministry, the Ministry of External Affairs, and the Ministry of Home Affairs for issuance of appropriate notifications imposing a ban and prohibiting the granting of visas to Pakistani artists.
The petitioner, in his plea, highlighted the resolution passed by the All-Indian Cine Workers Association (AICWA) after the Pulwama terror attacks, and similar resolutions by the Indian Motion Pictures Producers Association (IMPPA), and the Federation of Western Indian Cine Employees (FWICE), which banned Pakistani artists from the Indian film industry. The MNS Cinema Wing also cautioned filmmakers against hiring Pakistani artists, the plea stated.
Advocate Vibhav Krishna for the petitioner contended that allowing Pakistani artists to work in India could lead to discrimination against Indian artists as the favourable environment available to Pakistani artists in India is not available to Indian artists in Pakistan. The ban is necessary to prevent the exploitation of commercial opportunities by Pakistani artists in India, which could potentially deprive Indian artists of similar opportunities, he argued.
However, the court deemed the petitioner's stance as misplaced, emphasizing the need for cultural harmony and peace between nations. The court emphasized that patriotism should not breed hostility but rather should promote unity and cultural exchanges.
Further, the court underscored that the resolutions by private associations lacked statutory force and could not be enforced through judicial orders. The court emphasized that enforcing such bans would contravene the fundamental rights guaranteed under Articles 19(1)(a), 19(1)(g), and 21 of the Constitution.
The court also observed that the "positive steps" taken by the Indian government in promoting international peace and security, such as allowing the Pakistani cricket team to participate in the World Cricket Cup held in India, would be undermined if such petitions are entertained.
The court concluded that the petitioner's prayers for framing policy directions were beyond its scope, as it cannot direct the government or the legislature to frame policies in a particular manner. Thus, the petition was dismissed.
Advocates Vibhav Krishna, Anmol B, and Tahir P i/by Juris Consillis represented the petitioner.
Advocate Rui Rodrigues represented the Central Government.
Government Pleader PH Kantharia along with AGP Manish Upadhye represented the State.