Copyright case: Madras High Court stays ED’s attatchment of director Shankar’s properties

In February, the ED had provisionally attached the properties on the grounds of copyright violation under the Prevention of Money Laundering Act (PMLA), 2002.

Published Mar 11, 2025 | 4:36 PMUpdated Mar 11, 2025 | 4:36 PM

Director S Shankar

In a relief to director Shankar, the Madras High Court on Tuesday, 11th March, stayed the Enforcement Directorate’s order that had provisionally attached ₹10 crore worth of the filmmaker’s property in a copyright infringement case related to Enthiran (2010).

In February, the ED had provisionally attached the properties on the grounds of copyright violation under the Prevention of Money Laundering Act (PMLA), 2002.

The case was considered one of the first to be initiated on the grounds of copyright infringement.

The ED noted, “ED, Chennai has provisionally attached 3 immovable properties registered in the name of S. Shankar, with a total value of Rs.10.11 Crore (approx.) on 17/02/2025 under the provisions of PMLA, 2002.”

The complaint alleged that the storyline of the movie Enthiran starring Rajinikanth and Aishwarya Rai and directed by Shankar, was copied from a story titled “Jiguba” authored by him thereby rendering Shankar liable for violations under the Copyright Act, 1957, and the (then) Indian Penal Code.

However, in June 2023, a single judge of the Madras High Court dismissed a civil suit filed by Arur against Shankar, noting that copyright could not be claimed over an idea or a concept.

Court questions ED

According to the Livelaw report, the bench of Justice MS Ramesh and Justice N Senthilkumar stayed the provisional attachment order on a plea moved by the director.

The report further mentioned, that Senior Advocate PS Raman argued that the ED’s action was arbitrary, especially when the Single judge had already observed there was no violation of the Copyright Act. He also questioned the ED’s stand that Shankar had received ₹11.5 crore from the project and submitted that the same was untrue. It was argued that Shankar had received the payment from other works and thus ED could not attach the property.

“Can the ED register cases based on an individual’s complaint that a crime has been committed. Why didn’t the ED wait for the outcome of the complaint before attaching the property?” the court asked the counsel.

ED investigation

According to the ED investigation, S Shankar received a substantial remuneration of ₹11.5 crore for his various contributions to the film Enthiran, including story development, screenplay, dialogues, and direction.

Additionally, an independent report from the Film and Television Institute of India (FTII) identified striking similarities between the story Jiguba and Enthiran, particularly in narrative structure, character development, and thematic elements, lending significant support to plagiarism allegations against Shankar.

Enthiran grossed ₹290 crore worldwide, becoming a major blockbuster. Based on the substantial evidence and records, it has been determined that Shankar violated Section 63 of the Copyright Act, 1957, which is now classified as a scheduled offence under the Prevention of Money Laundering Act (PMLA), 2002.

Also Read: ED attaches properties worth Rs 10 crore of director Shankar under PMLA

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