SC stays Kerala HC's condition that cut "Varaha Roopam" from Kantara
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New Delhi: Giving relief to the makers of the superhit Kannada movie "Kantara", the Supreme Court stayed the Kerala High Court's condition that the movie should only be exhibited without the song "Varaha Roopam" for the time being, IANS reported.
A top court bench of Chief Justice of India DY Chandrachud directed the petitioners- producer Vijay Kirgandur and director Rishab Shetty- to be present before the investigating officer on February 12 and 13. If they were arrested, both should be released on bail immediately, the court directed.
Earlier this month, the high court had granted anticipatory bail to the director and producer in a case registered in a Kozhikode police station alleging plagiarism in the song.
The top court issued a notice to the Kerala government and sought its reply in two weeks.
Senior advocate Ranjit Kumar, representing Kirgandur and Shetty, challenged some conditions in the high court order. The bench noted Kumar's submissions and passed the interim order.
The top court also criticised the high court for imposing such a condition and observed that copyright issues could not be decided in an anticipatory bail application.
It further added that the high court felt very strongly that you people had plagiarised somebody's song and orally observed, "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".
It has been alleged that "Varaharoopam" was an unauthorised copy of the song "Navarasam" shown on the Malayalam music channel Kappa TV.
The high court laid out five conditions and asked them to surrender before the investigating officer for two days on February 12 and 13 between 10 am and 1 pm for interrogation.