On September 12, Imran Zahid, a Delhi-based theatre actor had filed a Right to Information (RTI) petition seeking clarity on whether the Indian government prevents Pakistani film and theatre artistes from working in India, and if any restrictions have been imposed on cross-border collaborations (Concerned whether our projects will face a ban, October 2). At the time, he was assured of a response by mid-November. On November 11, Zahid received a reply from the Ministry of Culture, which stated that it had “no information” or response to offer on the queries. “The system can’t be so opaque for us,” says a disappointed Zahid.

The lack of clarity impacts the theatre actor-director as he is making a stage adaptation of the popular Pakistani show, Humsafar, which starred Fawad Khan and Mahira Khan, and first aired in 2011. Before beginning the casting process for the play, Zahid wanted to know whether Pakistani artistes are permitted to perform in India.

“I submitted an RTI request to both the Ministry of Information and Broadcasting (MIB), and the Ministry of External Affairs (MEA). My intent was to uncover any official stance or guidelines that could impact Pakistani artistes’ participation in Indian films, music, and theatre. Surprisingly, the MIB [in October-end] claimed that it had no information on this issue, suggesting it wasn’t within their jurisdiction. [In my petition], I even cited former Minister of State V K Singh’s words, who had publicly addressed similar questions in Parliament. [In conjunction], the MEA responded [in mid-October]. Its response was terse, stating that it did not possess the requested information and directed me back to the MIB, and the Ministry of Culture!”

With the recent evasive response from the Ministry of Culture, Zahid says he is unable to make informed decisions about the Humsafar adaptation. He is shocked at how the government is not offering transparency in the matter, only throwing him into an endless loop.

He asserts, “When government policies directly affect people’s professional decisions, transparency isn’t a mere formality; it’s a necessity. In the absence of clear guidance, I’ve advised my colleagues to refrain from engaging in projects involving Pakistani artistes. The lack of clarity restricts our ability to create and collaborate. A simple ‘yes’ or ‘no’ from the government would enable us to plan responsibly, avoid guesswork, and proceed with confidence.”

Zahid now plans to approach the MIB, the Ministry of Culture, and the First Appellate Authority at the MEA again to seek a definitive response. “I am now appealing for a straightforward ‘yes’ or ‘no’ response on this matter,” he states.

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. “The 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,” he signs off.

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. 

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, emphasizing that they could not impose such prohibitions.

On September 12, Imran Zahid, a Delhi-based theatre actor, filed a Right to Information (RTI) petition seeking clarity on whether the Indian government prevents Pakistani film and theatre artistes from working in India. For Zahid, the RTI was driven by two factors—at the time, the Punjab release of The Legend Of Maula Jatt had just been announced, a decision he welcomed. More importantly, he wanted clarity on the government’s stance as he is making the Indian adaptation of Pakistani show, Humsafar, which starred Fawad Khan and Mahira Khan.

Things have changed in the fortnight since he filed the petition—The Legend Of Maula Jatt’s Punjab release stands cancelled. Even more reason, Zahid says, for Indian artistes to have complete knowledge of the situation.

“When [the film’s release] was announced [to severe opposition], I filed an RTI with the Ministry of External Affairs and the Ministry of Information and Broadcasting to inquire about any official ban from the Indian government. Since we are working on a stage adaptation of Pakistani dramas, we’re also concerned whether our projects will see the light of day or face a potential ban,” he says. 

At a time when OTT platforms are streaming content from around the globe, Zahid states that cancelling a Pakistani movie’s release feels “contradictory”.

“It is disheartening to see Maula Jatt’s release stalled. We’ve seen Pakistani actors being reintroduced to Indian audiences [through digital platforms] despite earlier bans. If digital platforms can allow this, why can’t cinema halls extend the same openness? What’s even more concerning is the lack of clear information from the government regarding any collaboration with Pakistani artistes.”

Zahid further explains, “For example, when Zee Studios announced the release of The Legend Of Maula Jatt a month prior, why is it now—so close to the release date—that we hear it has been stalled? In January 2023, during a press conference at the inauguration of the Shanghai Cooperation Organization Film Festival, the then-Minister of Information and Broadcasting, Anurag Thakur, mentioned that Pakistan was among the invited nations. So, why this decision now? If there is any restriction, we should be made clearly aware of it, and we’ll naturally abide by it.”

In his RTI petition, a copy of which is in mid-day’s possession, Zahid wrote, “Are there any restrictions imposed by the Government of India on collaborating with Pakistani film and theatre artistes at present? Specifically, is there any ban on Pakistani artistes working in India? I raise this query because in November 2023, the Honourable Supreme Court of India dismissed a plea that sought a ban on Pakistani artistes working in India, advising against such narrow-mindedness. In October 2023, the Bombay High Court had also rejected a petition for a total ban on Pakistani artistes, noting that patriotism does not imply hostility toward foreigners.”

Zahid says he is expecting a response to his application by  by mid-October.