By As two ministries continue to shrug off responsibility of addressing his RTI query regarding a ban on the release of Pakistani films in India, playwright Imran Zahid questions government processes in the country
Mumbai, 13th October 2024: Fawad Khan’s Bollywood outings may have been few and far between, but that hasn’t diminished the admiration that Indian fans harbour for the Pakistani actor. It is, perhaps, in keeping with this demand of cinegoers that Indian filmmakers continue to attempt to release his works in the country, only to be met with legal roadblocks that are both arbitrary and unofficial.
Among the few filmmakers attempting to arrive at decisive answers on the subject is Delhi-based playwright Imran Zahid, who is working on an Indian adaptation of the popular Pakistani drama series, Humsafar (2011), featuring Khan and Mahira Khan Zahid, who had filed a Right to Information (RTI) query regarding the release of Pakistani films in India, and to understand the laws relating to collaborating with artistes of the neighbouring country, has revealed that the Ministry of External Affairs redirected his query to the Ministry of Information and Broadcasting, which also subsequently failed to provide conclusive information.
“If an application is mistakenly sent to the wrong public authority, the concerned Nodal Officer is required to transfer it to the appropriate authority under Section 6(3) of the [RTI] Act.”
Following this procedure, I initially filed RTI applications with both the Ministry of External Affairs (MEA) and the Ministry of Information and Broadcasting (MIB). The MEA, upon receiving my request, promptly transferred it to the MIB, as they deemed the latter as the appropriate department to address my query. Their response confirmed this transfer, providing the new registration number for reference. However, a month later, the MIB responded stating that the issue of restrictions on foreign nationals and artistes does not fall within their purview, and no relevant information was available with their department,” shares Zahid, who had filed the RTI after the abrupt cancellation of the India release of Khan’s film, The Legend of Maula Jatt (2022), and subsequently raised concerns about unclear government policies.
Notably unhappy with the conflicting reactions of the two ministries, Zahid is raising questions about the proper handling of RTI applications. He questions why the MIB accepted his RTI query if it did not have the authority to deal with it. He also questions to which department he must turn for a definitive response if both the MIA and MEA have raised their hands. “This confusion persists despite the fact that both the Bombay High Court and the Supreme Court of India have ruled that no ban exists on Pakistani artistes working in India,” he says, referring to the 2023 verdicts by both courts. “I have still not received a clear answer. RTI is right to information, but, now it is coming across as refusal to information. I don’t understand the confusion after the verdicts of the courts. If there is a rule against it, we should know before we invest money into making something that won’t see the light of day. Why is no one else asking these questions? What are the rules and guidelines?”
As news of the India release of Khan’s hit film hit headlines, a Maharashtra political party warned theatre owners with violence, should they choose to release the film. Such an unspoken ban, he says, doesn’t exist in Pakistan. “In 2015 and 2016 The Then Minister of State in the Ministry of External Affairs, Gen (Dr) VK Singh (Retd) clarified that the Government of Pakistan has not imposed any ban on Indian artistes visiting or performing in Pakistan, in reply to questions in Parliament,” he signs off.
The history
When was the ban imposed: An unofficial ban on Pakistani artistes was imposed after the 2016 Uri terror attacks. The Indian Motion Picture Producers Association (IMPPA) and the Federation of Western India Cine Employees cited “security” and “patriotism” as reasons for the ban.
The court rulings: In a 2023 ruling, the Supreme Court had rejected a petition seeking a ban on Pakistani artistes from performing in India, reinforcing the position taken by the Bombay High Court. The petition had been filed following increasing calls from various non-statutory bodies, such as the All India Cine Workers Association (AICWA), Indian Motion Picture Producers’ Association (IMPPA), Federation of Western India Cine Employees (FWICE), and MNS Cinema Wing, to restrict Pakistani talent from working in India. Both courts, however, dismissed the plea, emphasising that they could not impose such prohibitions.
