Bombay High Court junks plea to ban Pakistani artists; lauds GoI for Cricket World Cup with Pakistan participation

The Bombay High Court recently dismissed a petition seeking complete ban on Indian citizens employing or soliciting any work or performance or entering into any association with any Pakistani artists..A division bench of Justices Sunil Shukre and Firdosh Pooniwalla observed that the petition was devoid of any merits since it sought a retrograde step in promoting cultural harmony, unity and peace."This petition, with the reliefs it seeks is a retrograde step in promoting cultural harmony, unity and peace, and has no merit in it. If such a petition is to be entertained by this Court, it would set as at naught the positive initiatives taken by the Government of India in the interest of international peace and harmony," the Court held. .The court also referred to the recent participation of the Pakistani cricket team in the ongoing Cricket World Cup tournament in India."It may be added here that in the World Cricket Cup being held in India, Cricket team from Pakistan is taking part and this has happened only because of appreciable positive steps taken by the Government of India in the interest of overall peace and harmony in consonance with Article 51 of the Constitution of India which is about promotion of international peace and security," the judge noted. .The petitioner, Faaiz Anwar Qureshi, a self-proclaimed cine worker referred to a ban by All Indian Cine Workers Association (AICWA) which had decided against engaging Pakistani artists in the Indian film industry.The AICWA's resolution was purportedly published in various newspapers. Similar appeals had also been published by various other organisations on their respective social media handles. Qureshi claimed that not granting the relief sought by him would lead to discrimination against Indian artists who do not get favourable atmosphere in Pakistan. He also alleged that Pakistani artists would try to exploit commercial opportunities in India, which may prejudice Indian citizens by reducing or depriving them of such opportunities..The Court at the outset remarked that Qureshi's idea of patriotism was misplaced. "One must understand that in order to be a patriot, one need not be inimical to those from abroad especially, from the neighbouring country. 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," the court opined. .It also concluded that the resolutions relied upon by the petitioner did not hold any statutory force as they were passed by non-statutory organisations. The division bench added that imposing such bans would also violate the fundamental right of Indian citizens to carry on business and trade."Those resolutions and warnings issued in the notices cannot be sought to be translated in the statutory notifications to be issued by the Central and State Authorities, and that too at the behest of this Court. They do not and cannot have any statutory force. We may further state here these bans and such threats, if true, would agitate against the fundamental rights guaranteed under articles 19(1)(a) (freedom of speech), 19(1)(g) (freedom to trade) and 21 (right to life) of the Constitution of India and therefore, they would be manifestly illegal," the Court said. .The Court also stressed that it could not direct the government to legislate or direct the executive to perform, more specifically if it is contrary to the constitutional framework.Thus, it dismissed the petition..Advocates Vibhav Krishna, Anmol B. and Tahir P. briefed by Juris Consillis appeared for Qureshi.Advocate Rui Rodrigues appeared for the Central government.Additional government pleader PH Kantharia and Manish Upadhye appeared for Maharashtra government. [Read order]