LI Network
Published on: November 28, 2023 at IST 13:33 IST
The Supreme Court on Tuesday declined to entertain a petition that sought to ban the engagement of Pakistani artists in India.
A bench comprising Justices Sanjiv Khanna and SVN Bhatti heard the plea filed by Faaiz Anwar Qureshi, a cine worker, challenging the Bombay High Court’s dismissal of his petition.
Justice Khanna promptly advised the counsel against pursuing the petition, stating, “You should not press (this petition).”
The counsel brought to the court’s attention certain critical remarks made by the High Court regarding the petitioner’s perception of patriotism in paragraph 10 of its judgment.
“Sorry, do not do this. This is a good lesson for you. Do not be so narrow-minded,” responded Justice Khanna.
The petitioner sought directions from the Information and Broadcasting Ministry, the Ministry of External Affairs, and the Ministry of Home Affairs to issue appropriate notifications imposing a ban and prohibiting the granting of visas to Pakistani artists.
The argument put forth by the petitioner contended that the lack of such relief would result in discrimination against Indian artists and cine workers, as the favorable working environment available to Pakistani artists in the Indian film industry is not reciprocated for Indian artists in Pakistan.
Furthermore, the petitioner expressed concerns that if the Pakistan Cricket Team were allowed to participate in the ICC Cricket World Cup Tournament hosted by India, individuals might exploit the sports event to invite Pakistani artists under the guise of sports, potentially threatening job opportunities for Indian artists.
In dismissing the petition, the High Court division bench of Justice Sunil B Shukre and Justice Firdosh P Pooniwalla emphasized the importance of fostering cultural harmony, unity, and peace.
The court regarded the petition seeking a ban as a regressive step that lacked merit, particularly in promoting cultural understanding and international cooperation through arts, music, sports, culture, and dance.
The petitioner referred to resolutions passed by private associations, including the All-Indian Cine Workers Association (AICWA), the Indian Motion Pictures Producers Association (IMPPA), and the Federation of Western Indian Cine Employees (FWICE), as well as cautions from the MNS Cinema Wing against hiring Pakistani artists.
However, the High Court stressed that these resolutions lacked statutory force and could not be enforced through judicial orders. The court also highlighted that enforcing such bans would infringe upon fundamental rights guaranteed under Articles 19(1)(a), 19(1)(g), and 21 of the Constitution.
Case Details: Faaiz Anwar Qureshi v. Union of India SLP(C) No. 25410/2023