The apex court permitted continued screening of the song 'Varaha Roopam', staying the Kerala HC order to remove it.
A poster of 'Kantara'. (Supplied)
In a relief to the producer and director of the Kannada film Kantara, accused of alleged plagiarism in the song ‘Varaha Roopam’, the Supreme Court on Friday, 10 February, overturned a Kerala High Court order and allowed the film to be screened with the song.
The apex court also said that the producer and the director, on appearing before the investigating agency on 12 and 13 February as directed by the Kerala court, should be released on bail, if arrested.
While granting relief to writer-director and producer — Rishab Shetty and Vijay Kiragandur, respectively — a bench of Chief Justice DY Chandrachud, and Justices PS Narasimha and JB Pardiwala, disapproved of Condition 1 of the Kerala High Court order — that the two surrender before an investigating officer and be produced before the jurisdiction magistrate within 24 hours.
It also disapproved of Condition 5 — not to exhibit the song ‘Varaha Roopam’ — with Chief Justice Chandrachud saying that Condition 5 cannot be imposed for grant of bail.
The top court, in its interim order, said, “Petitioner shall present before Investigating Officer on 12 and 13 February. In the event he is arrested, he shall be released on bail forthwith subject to conditions of the trial court. We issue stay on Condition 5”— the direction not to exhibit the film with the song ‘Varaha Roopam’.
It has been alleged that ‘Varaha Roopam’ is a plagiarised version of the song ‘Navarasa’ of Kerala-based band ‘Thaikkudam Bridge’.
The Kerala High Court, by its 8 February order, had directed Shetty and Kiragandur to surrender before the investigating officer who, in turn, was to produce them before the jurisdictional magistrate within 24 hours. It also ruled against any further exhibition of the film with the song ‘Varaha Roopam’.
Though the high court imposed five conditions, the conditions asking the two to surrender and not to exhibit the song ‘Varaha Roopam’ were of immediate consequence.
In the first mention of the day, senior advocate Ranjit Kumar urged the apex court to hold an urgent hearing as the high court, in a case of alleged plagiarism, had ordered Shetty and Kiragandur to surrender before the investigating officer on Sunday, to be produced before the jurisdictional magistrate within 24 hours.
That the court had also ordered the film could not be shown with the song ‘Varaha Roopam’ also required an urgent hearing as the film was still being exhibited.
On a poser from the bench, Ranjit Kumar said that it was a case of alleged plagiarism.
Appreciating the urgency, the court asked Ranjit Kumar to serve three copies of the petition (as the bench consisted of three judges) and the same would be taken up for hearing immediately on the conclusion of the mentioning, which lasted for about 15 minutes.
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