On February 10, the Supreme Court overturned the Kerala High Court's order that the movie "Kantara" not play the song "Varaharoopam" as a condition of giving producer Vijay Kirgandur and director Rishab Shetty anticipatory bail in a criminal case involving suspected copyright infringement.
After hearing the plea submitted by Kirgandur and Shetty, a bench made up of Chief Justice of India DY Chandrachud, Justice PS Narasimha, and JB Pardiwala issued the ruling. Despite the petition not being on the agenda today, CJI consented to hear it when it was brought to his attention urgently.
The High Court was criticised by CJI Chandrachud for placing such a restriction. In an anticipatory bail application, copyright disputes cannot be resolved.
"THe High Court felt very strongly that you people have plagiarised somebody's song. But the point is you can't impose these conditions for granting anticipatory bail. You can't decide a copyright suit in an anticipatory bail", After passing the order, CJI verbally observed.
The bench stayed the High Court's condition (v), which prohibited the playing of the Varaharoopam hymn, while giving notice on the plea. The petitioners must appear before the investigating officer on February 12 and 13, the bench further ordered. If they are arrested, though, they will be freed on bail.
On the basis of a complaint made by Mathrubhumi Printing and Publishing Co. Ltd and Thaikkudam Bridge, the owner of the copyright and the composer of the song "Navarasam," respectively, alleging that "Varaharoopam" is a plagiarised version of their song, the Kozhikode Police registered a FIR invoking an offence under Section 63 of the Copyright Act.
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