'One need not be inimical to those from neighbouring countries': Bombay High Court rejects petition seeking ban on Pakistani artists in India

The Bombay High Court has rejected a plea to ban Pakistani artists from working in India and observed that in order to be a patriot, one does not need to be inimical to those from abroad, especially from the neighbouring country. The plea was filed by Faaiz Anwar Qureshi, who claims to be a cine worker.

The petition, which was submitted to the court, sought the Union government's intervention towards imposing a blanket prohibition on Indian citizens, corporations, firms, and associations from any professional involvement with Pakistani artists. 

This comprehensive ban proposed the restriction of employment, solicitation of work or performance, utilization of any services, or any form of collaboration with Pakistani artists and entertainment industry professionals. These include actors, singers, musicians, lyricists, and technicians associated with Pakistan.

The court, however, dismissed the plea, saying that there is no evidence to support the claim that Pakistani artists pose a security threat. The court also said that banning Pakistani artists would be a violation of their right to freedom of expression.

A good person would appreciate any action that fosters peace, harmony, and quiet within the country and across the border, it stated.

“One must understand that in order to be a patriot, one need not be inimical to those from abroad especially, from the neighbouring country,” the court said.

“A true patriot is a person who is selfless, who is devoted to the 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 tranquillity within the country and across the border,” it said.

The bench comprising Justices Sunil Shukre and Firdosh Pooniwalla said in its order the profound influence of arts, music, sports, culture, and dance in fostering peace, tranquillity, and unity both within and across nations. These activities exist, they argued, beyond the borders of nationalities and cultures; they create a common language that encourages understanding and camaraderie.

It also noted that the cricket team from Pakistan is participating in the cricket World Cup being held in India, and this is only because of appreciable positive steps taken by the Government of India in the interest of overall peace and harmony, in accordance with Article 51 of the Indian Constitution, which is about the promotion of international peace and security.

The petitioner also requested other directives, such as barring the issuance of visas to Pakistani artists and imposing penalties for noncompliance with the restriction.

In his petition, Qureshi stated that because the Pakistan cricket team is now playing in India for the World Cup, there is concern that individuals may utilise this sporting event to attract Pakistani singers and musicians, threatening the job chances of Indian artists.

The bench, on the other hand, stated that the petitioner's fears and sense of patriotism are without merit. It went on to say that courts could not issue orders requiring the government to create a law or policy.

With inputs from PTI 

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