'Don't Be So Narrow Minded' : Supreme Court Rejects Plea To Ban Engagement Of Pakistani Artists In India

The Supreme Court on Tuesday (November 28) refused to entertain a petition seeking to ban the engagement of Pakistani artists in India.

A bench comprising Justices Sanjiv Khanna and SVN Bhatti was hearing a petition filed by Faaiz Anwar Qureshi, a cine worker, challenging the Bombay High Court's judgment which dismissed his petition.

"You should not press (this petition)..." Justice Khanna told the counsel as soon as the matter was taken.

The counsel submitted that the High Court has made certain comments in paragraph 10 of the judgment criticising the petitioner's perception of patriotism.

"Sorry, do not do this. This is a good lesson for you. Do not be so narrow minded," Justice Khanna replied.

The petitioner 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.

It was contended by the petitioner that if such reliefs are not granted, it would lead to discrimination of Indian artists, cine workers etc. as similar favourable atmosphere to work in Indian Cine Industry made available to Pakistani artists is not made available to the Indian artists in Pakistan.

Apart from this, the petitioner also expressed his apprehension that if the Pakistan Cricket Team is permitted to play in the ICC Cricket World Cup Tournament which was hosted by India, various persons might misuse the sports event by inviting the Pakistani artists, singers etc. under the guise of sports which would threaten job opportunities of Indian artists.

While dismissing the petition, the High Court division bench of Justice Sunil B Shukre and Justice Firdosh P Pooniwalla observed: 

"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 a person who is selfless, who is devoted to cause of his country, which he cannot be, unless he is a person who is good at heart. 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, Arts, music, sports, culture, dance and so on are the activities which rise above nationalities, cultures and nations and truly bring about peace, tranquility, unity and harmony in nation and between nations. This petition, with the reliefs it seeks is a retrograde step in promoting cultural harmony, unity and peace, and has no merit in it".

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.

The High 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.

Case Details : Faaiz Anwar Qureshi v. Union of India SLP(C) No. 25410/2023