On Tuesday (28th November), the Supreme Court of India dismissed a petition asking for a total ban on the employment of Pakistani artists in India.
A Bombay High Court decision was upheld by a Supreme Court Bench of Justices Sanjiv Khanna and SVN Bhatti. The petition requested that Indian citizens be prohibited from hiring or soliciting work or performances from Pakistani artists.
Before dismissing the case, Justice Khanna remarked that the petitioner’s thinking should not be so narrow. The bench stated that in order to be a patriot, one must not be hostile to those from abroad, particularly those from a neighboring country.
“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,” the Court said. The Bombay High Court had previously dismissed a petition in October, prompting the appeal to the Supreme Court.
The Bombay High Court ruled that the petition lacked merit because it sought a backward step that was detrimental to cultural harmony, unity, and peace.
Notably, the High Court also mentioned Pakistan’s recent participation in the now-completed Cricket World Cup tournament in India. The High Court observed that this was possible due to appreciable positive steps taken by the Government of India in the interest of overall peace and harmony.
The petitioner’s sense of patriotism, according to the High Court, was misplaced. Furthermore, imposing such bans would violate Indian citizens’ fundamental right to conduct business and trade, according to the Bombay High Court.
Faaiz Anwar Qureshi, a film worker, had filed the petition. He was referring to a ban imposed by the All Indian Cine Workers Association (AICWA) on hiring Pakistani actors in the Indian film industry.
The AICWA resolution was allegedly published in several newspapers and on social media accounts. Qureshi claimed that denying him relief would lead to discrimination against Indian artists, who he claims are not treated well in Pakistan.
He also claimed that Pakistani artists would try to take advantage of commercial opportunities in India, which would prejudice Indian citizens by reducing or eliminating such opportunities.
