Copyright Dispute: Delhi High Court Defends Creative Freedom for ‘Shamshera’ OTT Release

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In a recent legal battle, the Delhi High Court made a significant ruling by dismissing filmmaker Bikramjeet Singh Bhullar’s plea to temporarily halt the streaming of the movie “Shamshera” on Over-The-Top (OTT) platforms. Bhullar alleged that the film’s plot and theme closely resembled his work, ‘Kabu Na Chhadein Khet,’ and sought an interim order to prevent its streaming. The court’s decision sheds light on the complex intersection of creative rights, shared themes in Bollywood, and the challenging task of determining copyright infringement.

The heart of Bhullar’s claim lies in his assertion that “Shamshera” copied his copyrighted work, leading to a legal battle against Yash Raj Films and others involved in the film’s production. He contended that elements of his creation, including a period drama set in the 18th century and a father-son story with specific thematic elements, were imitated in “Shamshera.” Bhullar’s legal pursuit sought to establish that his work was being unfairly replicated, warranting an injunction against the film’s telecast on OTT platforms.

However, the court, led by Justice Jyoti Singh, delivered a nuanced judgment, rejecting Bhullar’s plea based on several critical considerations. The court’s primary argument rested on the notion that certain themes, such as period dramas and father-son narratives, are prevalent and recurring in Bollywood. In doing so, the court rejected the idea of granting a monopoly over these common elements, asserting that doing so would go against established legal principles.

The court’s reasoning extended beyond the specifics of Bhullar’s case, delving into the broader landscape of creativity within the Indian film industry. It emphasized that granting exclusive rights over widely used themes would stifle creativity and innovation, as such themes are integral to the storytelling fabric of Bollywood. The decision underscored the need to balance creative expression with the industry’s shared cultural and thematic elements.

Critical to the court’s decision was its analysis of the alleged similarities between Bhullar’s script and the film “Shamshera.” The court watched the movie, examined Bhullar’s script, and identified dissimilarities that outweighed the asserted similarities. Elements such as North Indian locations, burning oil, water, birds, stars for navigation, secret underwater tunnels, horses, ghaghra, and certain scenes were recognized as common and non-unique to Bhullar’s work. The judgment stressed that these elements have been utilized in movies for a considerable time and lack the necessary uniqueness to warrant copyright protection.

The court specifically addressed Bhullar’s claim of a unique father-son theme spanning two generations, emphasizing that such themes are pervasive in Bollywood. It noted that the character dynamics in “Shamshera” were distinct from Bhullar’s script, and the alleged similarities were insufficient to presume copyright infringement. The decision thus rejected Bhullar’s argument that the lead characters’ transformation from initially negative to positive was a unique aspect that had been copied.

The ruling further highlighted the court’s reluctance to grant an interim injunction, emphasizing that Bhullar had not established a prima facie case of copyright infringement. The court assessed that no irreparable loss would be caused to Bhullar if the film continued to be telecast on OTT platforms. The balance of convenience, according to the court, also favored Yash Raj Films.

While the court’s decision was focused on the specific case at hand, it carries broader implications for the Indian film industry. By rejecting the idea of a monopoly over common themes, the court encourages a more open and collaborative creative environment. It acknowledges that certain elements are intrinsic to Bollywood storytelling and should remain accessible to all creators.

In conclusion, the Delhi High Court’s rejection of Bikramjeet Singh Bhullar’s plea against the streaming of “Shamshera” marks a crucial moment in the legal discourse surrounding copyright and creative expression in Bollywood. The decision not only safeguards the industry’s creative vitality but also sets a precedent for future cases involving shared themes and narrative elements. As the main suit is scheduled for January 16, 2024, the court’s nuanced stance on copyright and common themes will likely continue to shape the trajectory of creative rights in the Indian film landscape.

Cows are worshipped in India; God will never forgive us if they are killed: Gujarat High Court

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The Gujarat High Court, in a recent hearing, emphasized the sacred significance of cows in Indian culture and expressed concern over the treatment of stray cattle. The court, led by Justice Ashutosh Shastri, took a strong stand against the rotting carcasses of cattle found in open areas, stating that even God would not forgive such acts.

The court is actively addressing the issue of stray cattle in Gujarat, hearing petitions seeking contempt of court action against the state government for its perceived failure to tackle the problem. The concern arose after several individuals lost their lives in cattle attacks.

During the proceedings, the court criticized the government’s response and stressed the need for accountability among officials. It acknowledged poor conditions in cattle pounds and granted the cattle owners’ counsel the right to inspect them.

Cows being worshipped in India played a crucial role in the court’s observations. The government’s counsel highlighted the religious aspect and assured that cows are worshipped before being taken to pounds.

The court also delved into traffic regulations, with Advocate General Kamal Trivedi outlining measures to address issues such as illegal parking and wrong-side driving. The court acknowledged these efforts but emphasized citizens’ responsibility in abiding by rules.

A January 5 deadline was set for the strict implementation of traffic measures, with the court requesting a progress report. Justice Shastri emphasized the importance of citizens’ cooperation and civic sense.

In conclusion, the court’s recent actions underscore its commitment to addressing the intertwined issues of stray cattle and traffic problems in Gujarat. The emphasis on cultural values, accountability, and citizen cooperation reflects the court’s dedication to ensuring safety and welfare. As the court continues its efforts, the effectiveness of implemented measures and citizen involvement remains a key focus.

Delhi High Court Puts Hold on Providing FIR Copy to Accused Neelam Azad in Parliament Security Breach Case

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In the ongoing Parliament Security Breach case, the Delhi High Court has stepped in to pause a trial court’s decision to give Neelam Azad, one of the accused individuals, a copy of the First Information Report (FIR). The High Court, in its intervention, emphasized that the FIR contains sensitive information and highlighted a crucial guideline from the Supreme Court. According to this directive, in cases involving sensitive details, the accused should first request the FIR copy from the Police Commissioner. The Commissioner is then expected to form a three-member committee to decide whether it’s appropriate to provide the FIR to the accused or not.

The stay order ensures that proper procedures are followed, especially in cases with delicate information. The Supreme Court’s guidelines aim to maintain the confidentiality and integrity of investigations. By requiring the accused to go through the Police Commissioner first, it adds an extra layer of scrutiny before handing over sensitive documents.

The Delhi High Court’s intervention comes after a trial court, on December 21, directed the Delhi Police to furnish a copy of the FIR to Neelam Azad. Despite strong opposition from the Delhi Police’s Special Public Prosecutor Akhand Pratap Singh, the trial court insisted on providing the FIR to the accused.

However, the High Court has now stayed the execution of the trial court’s order, urging compliance with the established procedures in such high-profile and sensitive cases. This ensures that the release of information aligns with legal standards and safeguards the ongoing investigation. The case is scheduled for further consideration on January 4, 2024, allowing the High Court to thoroughly assess the situation and make informed decisions based on legal protocols.

Delhi High Court Rejects Habeas Corpus Plea in Vivo Money Laundering Case

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The Delhi High Court has dismissed Habeas Corpus petitions filed by three individuals accused in a money laundering case involving Chinese smartphone manufacturer Vivo. The accused claimed illegal detention, arguing that there was no court order extending their custody beyond December 7, 2023. However, the court, after examining the facts, concluded that the accused were in lawful judicial custody.

The case against Vivo, initiated by the Delhi Police in 2021, alleges the use of shell companies to remit money outside India between 2014 and 2021. The Enforcement Directorate (ED) filed its chargesheet in December, and the three accused were among those arrested in October.

The accused contended that their detention in Tihar jail was illegal after December 7, as there was no court order extending their judicial custody. The court found no break in their custody, noting they were unable to appear in court on December 7, leading to the issuance of production warrants for the next hearing on December 13.

The Delhi Police’s case against Vivo centers on accusations of using shell companies for money remittance outside India between 2014 and 2021. The ED filed its chargesheet earlier this month. The three accused were arrested in October, initially in ED custody, which later transitioned to judicial custody.

The accused argued that their judicial custody was last extended till December 7 based on an ED application on October 30. They claimed that their continued detention beyond this date lacked a judicial order, violating Section 167 of the Code of Criminal Procedure.

In response, the ED explained that a chargesheet was filed on December 6, and although the accused were not physically brought before the trial court on December 7, their legal representatives were present, and no objections were raised regarding the production warrants.

The court agreed with the ED, emphasizing that even if the accused were not physically present, their continuous custody remained lawful, especially as no objections were raised. The court highlighted that if the accused were not issued production warrants the same day, the situation might be different.

The Delhi High Court’s decision affirms the lawful judicial custody of the accused individuals in the Vivo money laundering case, dismissing their plea for Habeas Corpus. This ruling underscores the court’s commitment to proper legal procedures and ensures clarity regarding the accused’s custodial status amid procedural intricacies.

Supreme Court to Inspect If Women Can Be Charged Under IPC Section 375

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In a recent legal development, the Supreme Court of India finds itself grappling with a unique question: can a woman be charged with rape under Section 375 of the Indian Penal Code (IPC)? This intriguing scenario unfolded when a 62-year-old widow claimed she was falsely implicated in a rape case against her son.

The court, comprising Justices Hrishikesh Roy and Sanjay Karol, raised doubts about whether the existing legal framework allows for a woman to be booked for rape. Section 375 of the IPC explicitly refers to a “man” as the perpetrator of rape, hinting that only men can be accused of this offense. The court issued a notice and adjourned the anticipatory bail plea filed by the widow, signaling a deeper examination of this legal conundrum.

The petitioner’s counsel argued that women cannot be charged with rape, emphasizing that legal precedent excludes women from sharing common intention in gangrape cases. This case revolves around allegations that the widow and her son were involved in the rape of a woman earlier this year.

The complainant had reportedly been in a long-distance relationship with the widow’s elder son, whom she “married” through a video call without any traditional rituals. The widow claimed that family pressure led to a compromise agreement, terminating the relationship and involving a substantial sum of money.

However, weeks after the compromise, the complainant filed a criminal case against the widow and her younger son, accusing them of rape, wrongful confinement, hurt, and criminal intimidation. The widow, after being denied pre-arrest bail by lower courts, sought relief from the Supreme Court.

The complainant’s version alleges that she had promised to marry the elder son, who threatened suicide if she married someone else. The complainant claimed the elder son instructed her to live with his mother until he could come to India, marry her in court, and take her to the USA. According to her, the widow and younger son pressured her into marrying the latter, resulting in rape and other offenses.

In response, the widow dismissed the allegations as a fabricated case with false claims made after a significant delay. The High Court, while rejecting her anticipatory bail plea, deemed these matters suitable for trial.

Interestingly, a related legal precedent from the Allahabad High Court suggested that although women cannot commit rape, facilitating gang-rape could lead to prosecution. This nuance, according to the court, stems from amended provisions in the IPC.

This legal saga underscores the complexity of addressing gender-specific elements within the legal system. As the Supreme Court contemplates whether a woman can be accused of rape under Section 375, it raises fundamental questions about the interpretation of existing laws and the need for legal clarity.

In conclusion, this case presents a legal quandary that challenges conventional understanding. As the judiciary delves into the intricacies of this matter, it becomes crucial to balance legal interpretations with a nuanced understanding of societal dynamics. The outcome of this case could potentially shape future legal discourse and contribute to evolving perspectives on gender-specific legal provisions.

Shawarma Death Case: Kerala High Court Rejects Bail for Restaurant Operator

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The Kerala High Court has rejected the anticipatory bail plea of a restaurant operator accused of selling adulterated shawarma, allegedly leading to a customer’s death. Justice Mohammed Nias CP denied bail, considering the serious nature of the allegations and the potential threat to public health.

The court emphasized the need for a thorough investigation, stating that granting anticipatory bail could adversely affect the ongoing inquiry. Justice Nias expressed concern over the sale of adulterated food in restaurants, highlighting the health risks and the potential threat to life.

The case revolved around an anticipatory bail application filed by the operator of Le Hayath restaurant in Thrikkakkara. The restaurant was accused of selling adulterated shawarma, which reportedly caused the death of a customer who ordered through Zomato.

The prosecution charged the restaurant under Sections 284 (negligent conduct involving poisonous substances) and 308 (culpable homicide with intent) of the Indian Penal Code. It alleged that the restaurant knowingly prepared and sold the harmful shawarma, intending to cause death.

The accused denied any wrongdoing, arguing that the shawarma in question was prepared with care. The defense pointed out that there were no complaints about other orders served on the same day and highlighted the Zomato bills’ instructions to consume the food within two hours of delivery.

Despite these arguments, the High Court dismissed the anticipatory bail plea, considering the severity of the allegations. The court noted the violation of shawarma preparation guidelines, widespread food poisoning, and the use of substandard raw materials in unhygienic conditions.

The prosecution presented statements from affected individuals, including Swiggy customers, to support claims of food poisoning. The court was informed that the restaurant’s actions not only caused the death of the customer but also affected others in two additional cases.

This incident prompted the High Court to order food safety authorities to instruct eateries to display the exact time of food preparation, aiming to prevent further deaths caused by the consumption of spoiled shawarmas.

It’s worth mentioning that the High Court had initiated a suo motu Public Interest Litigation (PIL) in 2022 on the issue of food safety after a 16-year-old girl died from consuming a contaminated shawarma.

In conclusion, the denial of anticipatory bail underscores the gravity of the allegations against the restaurant operator and the court’s commitment to public safety in food consumption. The case highlights the ongoing challenges in ensuring food safety and the legal consequences for those who compromise it.

Supreme Court Rejects Ban on Pakistani Artists

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The Supreme Court of India has dismissed a petition urging a complete ban on the employment of Pakistani artists in the country. The plea, previously rejected by the Bombay High Court in October, sought to prevent Indian citizens from engaging or seeking performances from Pakistani artists.

A Bench comprising Justices Sanjiv Khanna and SVN Bhatti upheld the Bombay High Court’s decision. Justice Khanna, before dismissing the case, advised the petitioner not to adopt a narrow-minded perspective.

The Bombay High Court, in its earlier ruling, found the petition lacking in merit, describing it as a regressive step against cultural harmony, unity, and peace. The High Court highlighted the recent participation of the Pakistani cricket team in the Cricket World Cup held in India, citing positive measures taken by the Government of India for overall peace and harmony.

Moreover, the High Court reasoned that the petitioner’s notion of patriotism was misplaced, emphasizing that imposing such bans would violate the fundamental right of Indian citizens to carry on business and trade.

The petitioner, Faaiz Anwar Qureshi, a self-proclaimed cine worker, referred to a resolution by the All Indian Cine Workers Association (AICWA), which decided against involving Pakistani artists in the Indian film industry. Qureshi argued that not granting the relief sought might lead to discrimination against Indian artists in Pakistan.

He further contended that allowing Pakistani artists in India could potentially harm Indian citizens’ commercial opportunities. The petitioner expressed concerns that Pakistani artists might exploit business opportunities in India, to the detriment of Indian citizens.

In conclusion, the Supreme Court’s rejection of the plea reinforces the principles of cultural inclusivity and underscores the importance of fostering harmonious relations in the entertainment industry. The decision highlights the judiciary’s stance against measures that could impede cultural exchange and cross-border collaboration in the arts.

Punjab and Haryana High Court Sets ₹10k Compensation per Tooth Mark in Stray Animal Attacks

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In a recent ruling, the Punjab and Haryana High Court has taken a decisive step to ensure fair compensation for victims of stray animal attacks in Punjab, Haryana, and Chandigarh. The judgment, dated August 18, 2023, addresses 193 petitions seeking compensation for injuries or deaths resulting from encounters with stray or wild animals on public streets and national highways.

The court acknowledged the confusion among victims and their families regarding the proper authorities for seeking compensation. Noting the lack of awareness and insufficient financial assistance, the court established committees in Punjab, Haryana, and Chandigarh to streamline the compensation application process. Guidelines were also issued to expedite the decision-making on compensation claims.

Of particular note is the court’s directive on compensation for stray dog bites. The judgment stipulates a minimum compensation of ₹10,000 per tooth mark of the dog. Additionally, in cases where flesh has been pulled off the skin, the compensation should be a minimum of ₹20,000 per “0.2 cm” of the wound. The court clarified that compensation amounts would be in accordance with the respective state policies, with Chandigarh following Punjab’s policy for being more beneficial.

Importantly, the court emphasized that seeking compensation through the committee would not prevent claimants from approaching a civil court if necessary.

Justice Vinod S Bhardwaj expressed concern about the broader issue of increasing fatalities and the growing number of stray animals on roads. The court criticized the government for neglecting the problem, highlighting the daily suffering of people due to injuries and the under-recording of incidents. The court stressed that the denial of the problem does not address it but exacerbates citizens’ agony.

The court reminded the government of its strict liability to compensate the public for failing to protect them from animal attacks. It pointed out that the government collects road tax/user fees and local bodies levy various taxes/fees/cess, indicating their responsibility to ensure public safety.

To expedite compensation for victims of animal attacks or vehicle collisions, the court outlined a procedure for timely action:

  1. Daily Diary Report (DDR): The Station House Officer (SHO) must record a DDR promptly upon receiving information about an accident due to a stray or wild animal.
  2. Verification and Statement Recording: The police officer should verify the claim, record witness statements, and prepare a site plan and summary.
  3. Forwarding Information: A copy of the report should be sent to the claimant, and the complete report should be provided within 30 days of receiving the information.

The court’s proactive measures aim to address the immediate needs of victims while highlighting the responsibility of authorities in safeguarding citizens from animal-related incidents. The ruling stands as a crucial step towards ensuring justice and relief for those affected by such unfortunate events.

Death Penalty Awarded Within 110 Days for Convict in 5-Year-Old’s Rape-Murder

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In a swift and decisive move, an Ernakulam sessions court in Kerala has handed down the death sentence to Ashfaq Alam, the perpetrator behind the brutal rape and murder of a five-year-old child in Aluva. The Additional District and Sessions Judge, K Soman, wasted no time in pronouncing the sentence today, a mere four months after the heinous incident occurred in July.

Alam, a migrant worker from Bihar, committed the atrocious act against a child who lived in the same building. The young victim’s life came to a tragic end, with her body discovered in a sack in a swampy area behind a local market in Aluva.

Facing a total of sixteen charges, Alam was found guilty on all counts, including aggravated penetrative sexual assault, rape, and murder. The court’s order, emphasizing the gravity of the crimes, stated that Alam deserved no leniency. The judge sentenced him to death under Section 302 of the Indian Penal Code, directing that he be hanged by the neck until he is dead. The order will be submitted to the High Court of Kerala for confirmation of the death sentence.

The severity of Alam’s actions led to convictions under various legal provisions, including Sections 376 (rape), 377 (unnatural sex), 328 (hurt by use of poison), 364 (kidnapping for murder), 366 (a) (procuration of a minor girl), 367 (kidnapping for causing grievous hurt), 297 (indignity to human corpus), and 201 (disappearance of evidence) of the Indian Penal Code. Additionally, he faced charges under the Protection of Children from Sexual Offences Act (POCSO Act) and the Juvenile Justice Act.

The death sentence was specifically for the murder, while life imprisonment was imposed for the rape and offenses under the POCSO Act, with the judge specifying that life imprisonment in this case means incarceration for the remainder of Alam’s natural life.

In addition to the imprisonment, Alam was ordered to pay fines ranging from ₹10,000 to ₹1 lakh for each offense. Notably, a ₹1 lakh fine was imposed for the grave crimes of rape, murder, and offenses under the POCSO Act.

The trial proceeded at an expedited pace, with the court pronouncing the accused guilty just 26 days after the trial began on October 4. The legal proceedings commenced on September 7, and charges were framed and read to Alam on September 16. The swift delivery of justice is commendable, ensuring that the legal process unfolded efficiently.

The sentence handed down today, on the 110th day after the crime, sends a powerful message about the commitment to ensuring justice for victims of heinous crimes. The court’s decisive actions reflect the urgency and severity of such cases, providing closure to the grieving family and underscoring society’s collective condemnation of such despicable acts.

97-Year-Old Kerala Lawyer Makes History with 73-Year Legal Career

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Advocate P. Balasubramanian Menon, a 97-year-old lawyer from Kerala, has set a Guinness World Record for having the longest career as a lawyer. He hails from Palakkad district in Kerala and has had a remarkable career spanning 73 years and 60 days since graduating from Madras Law College. Advocate Menon began his litigation career in the early 1950s and continues to practice civil law in his hometown.

Advocate Menon has surpassed the previous record set by Louis Triay, a government lawyer from Gibraltar who passed away at the age of 94. Louis Triay held the record for 70 years and 311 days. Advocate Menon aims to continue his legal practice as long as his health permits, serving as an inspiration to others.