The legal petition, initiated by Faaiz Anwar Qureshi—a self-proclaimed cine worker and artist—demanded that the Indian government ban any professional association with artists from Pakistan. The petition specifically called for a prohibition on the employment, solicitation of work, or collaboration with Pakistani cine workers, musicians, singers, lyricists, and technicians by Indian citizens and companies.
The division bench comprising Justices Sunil Shukre and Firdosh Pooniwalla rejected the plea. The court stated that such a move would be a backward step in fostering cultural harmony and unity within India and across its border with Pakistan. The court further observed that patriotism isn’t demonstrated by hostility towards foreign nationals, particularly those from neighboring countries.
The court observed,
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. One must understand that in order to be a patriot, one need not be averse to those from abroad especially, from the neighboring country.
Highlighting the unifying power of the arts, the bench stressed that activities like music, sports, culture, and dance transcend national and cultural boundaries. Such activities, they noted, are instrumental in fostering a sense of unity and peace between nations. One of these steps cited was allowing the Pakistani cricket team to participate in the World Cup held in India.
The petitioner also asked the court to stop issuing visas to Pakistani artists and to penalize those who ignored the ban.
He argued that the presence of Pakistani artists in India could diminish job opportunities for Indian artists. The bench, however, found no merit in these arguments, stating that the judiciary cannot mandate the government to formulate specific laws or policies.
