On Friday the 16th December, 2022, Karnataka High Court stayed the investigation in an FIR lodged against Congress former President and leader Rahul Gandhi, Jairam Ramesh and Supriya Shrinate in a copyright infringement case for use of Music from a movie KGF Champer-2 during the ongoing Bharat Jodo Yatra.

The complainant MRT Music lodged the report stating therein that the video for the Bharat Jodo yatra has been created for the purpose of mass circulation on social media platforms. The sound recording which has been used are owned and held by the MRT Music company. It is further stated that as per the video the accused are fraudulently using the recordings with the intention to make wrongful gains.

Justice S Sunil Dutt Yadav of Karnata High Court while granting interim protection, directed the state authorities to file their response. 

Additional City Civil & Sessions Judge at Bangaluru while hearing a copyright suit ordered a local commissioner to visit the Congress web-site, conduct an electronic audit and preserve infringing material available on their social media accounts. An injunction order was also granted in favour of the plaintiff by the order dated 07th November, 2022.

This order was challenged before the High Court on 08th November, 2022 by the Congress party. High Court directed the party to remove the content alleged to be offending from all its social media accounts such as Twitter, Facebook, Youtube, and Instagram.

MRT Music filed a contempt petition before the High Court of Karnataka saying that the offending content is still available on the social media handles of the party. notices have been issued on the contempt petition and the next date of hearing is fixed for 12th January, 2023.

The Court passed the following order:-

"9. The arguments advanced by learned Senior Counsel for the petitioners-accused prima facie makes out a case for consideration, more so, in light of challenge to the jurisdiction of the Yeshwanthapura Police to investigate into the matter, in light of the situs of the offence, which goes to the root of the matter and will have to be decided after hearing the investigating agency arrayed as respondent No.1.

10. That apart, the contentions raised on the substantive merit, including non-distortion of the artistic work regarding which there is an assertion of copyright, absence of dishonest intention, lack of commercial exploitation and simultaneous invocation of Special Act as well as general law as contained in the Indian Penal Code relating to the same offence would also merit consideration, keeping in mind absence of preliminary investigation where there are doubts regarding commission of cognizable offence. The contention that civil litigation relating to the same acts is also being pursued and a flavour of criminality is sought to be given to what essentially may be an actionable civil wrong, warrants consideration. Accordingly, till the next date, case is made out for consideration of interim relief.

Pending further consideration, there would be stay of all further investigation pursuant to the registration of F.I.R. in Crime No.0362/2022 at Yeshwanthapura Police Station, pending on the file of 9th Additional Chief Metropolitan Magistrate, Bangalore City. The interim order would be in operation till the next date of hearing."

Case Details:-

WP- 25123/2022

Jairam Ramesh

Vs.

State of Karnataka