JOIN USK Shivaraam, who is at present the Principal Secretary in the Department of Public Enterprises, had filed a petition in 2004 challenging a Government Order issued on 9 March 2004, prohibiting all government employees including the civil service cadres from acting in films.
Shivaraam had acted in six commercial movies and was shooting for his seventh film when the government order was issued.
The IAS officer had stated in his petition that he had a passion for acting and theatre since his childhood and his acting was merely a hobby and in no way compromised his work.
He had also stated that he had never taken leave and neither his administerial nor managerial duties had been compromised due to his acting. He had further stated that he had never accepted any remuneration for his acting and banning such a thing would be defeating his endeavour to advance Kannada art and culture.
Further, he said that acting also came under the Article 19(1) of the Constitution and amounted to freedom of speech and expression.
Decision
The Court while dismissing his petition ruled that though he was engaged in venting his artistic abilities and accepted no pay for his acting, the film was primarily a commercial venture of the producers.
The Court held that since there was monetary benefit involved in it, he could not directly or indirectly involve himself in the venture.
Further, the Court held that the petitioner by acting in films would be alternatively employed and this was not permissible.
The Court opined that involvement in a film would have been physically and mentally taxing and though the petitioner said his work never suffered, it could also mean that he could have performed better, if he had not been involved in films.