BREAKING| Kantara Plagiarism Row : Supreme Court Stays HC's Bail Condition That "Varaharoopam" Song Shouldn't Be Used

The Supreme Court on Friday stayed the condition imposed by the Kerala High Court that 'Kantara' movie should not exhibit 'Varaharoopam' song for granting anticipatory bail to producer Vijay Kirgandur and director Rishab Shetty in a criminal case over alleged copyright infringement.

A bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and JB Pardiwala passed the order after hearing the petition filed by Kirgandur and Shetty. Though the petition was not listed today, CJI agreed to take it up after an urgent mention was made before him.

CJI Chandrachud criticised the High Court for imposing such a condition. Copyright issues cannot be decided in an anticipatory bail application, CJI observed.

"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", CJI orally observed after passing the order.

While issuing notice on the petition, the bench stayed condition (v) imposed by the High Court- which restrained the playing of Varaharoopam song. The bench further directed that the petitioners should appear before the investigating officer on February 12 and 13. However, they shall be released on bail in the event of arrest.

Senior Advocate Ranjit Kumar, appearing for the petitioners, pointed out that there are civil litigations pending regarding the alleged infringement of the copyright of song "Navarasam" of Thaikkudam Bridge.

The Kozhikode Police registered an FIR invoking offence under Section 63 of the Copyright Act on the basis of a complaint lodged by Mathrubhumi Printing and Publishing Co. Ltd and Thaikkudam Bridge, the copyright holder and the creator of "Navarasam" song respectively, alleging that "Varaharoopam" is a plagiarised version of their song.

The High Court observed that the police have collected materials which prima facie show plagiarism and hence imposed the condition. "Releasing the accused on anticipatory bail and allowing the infringement to continue so as to permit the infringer of the copyright to take benefit out of the same, could not be done. If so, ultimately the infringer would get benefit out of the plagiarized and pirated version after infringing the copyright of another person which he obtained after long cherished hard work and intellectual application of mind. Resultantly, the copyright holder's right to enjoy benefit out of the copyright protected subject matter practically will be taken away. Therefore, while considering grant of anticipatory bail in cases of such nature, the courts should be very vigilant foreseeing all the above aspects", observed Justice A. Badharudeen in the order.

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