The Supreme Court on Wednesday granted Bollywood director Sujoy Ghosh exemption from personal appearance before a magistrate in a copyright infringement case related to his 2016 film Kahaani 2, and sought a response from the Jharkhand government on his plea to quash the case.
A bench comprising Justices P S Narasimha and R Mahadevan, which is sitting during the Supreme Court’s partial vacation schedule, issued notice on Ghosh’s petition and protected him from having to appear before the Chief Judicial Magistrate, Hazaribagh, for now.
Ghosh Challenges High Court Order
The director approached the apex court challenging a Jharkhand High Court order dated April 22, which had refused to quash the case against him. The original complaint was filed in 2015 by one Umesh Prasad Mehta, who alleged that Ghosh had infringed upon his script titled Sabak.
The CJM, Hazaribagh, had in June 2018 ruled that a prima facie case existed under Section 63 of the Copyright Act, 1957, prompting criminal proceedings against Ghosh.
“Complaint Is Fabricated & Jurisdictionally Flawed”: Ghosh’s Counsel
Appearing for Ghosh, senior advocate Siddharth Dave argued that the complaint is factually flawed and legally unsustainable. He pointed out that Ghosh had never met the complainant, and Kahaani 2’s script was written in 2012 and officially registered with the Screen Writers Association in December 2013—two years before Mehta’s script was registered.
“This sets a dangerous precedent,” Dave told the court. “A criminal process has been initiated against an honest filmmaker on the basis of self-serving allegations.”
Dave also raised serious questions over the jurisdiction of the Jharkhand court. According to the complaint, the alleged meeting between Mehta and Ghosh occurred in Mumbai, making Hazaribagh an improper venue for filing the case. He contended that criminal courts lack the authority to determine copyright ownership.
Calling the allegations “absurd and inherently improbable,” Ghosh’s legal team urged the court to quash the complaint and prevent further misuse of criminal process.
Background
Kahaani 2, a suspense thriller and spiritual sequel to the critically acclaimed Kahaani (2012), was released in December 2016. Both films were directed and produced by Ghosh.
The case now awaits further hearing, with the Supreme Court’s notice putting the Jharkhand government on record as the legal battle unfolds.
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