Dharma Productions Seeks Relief in Shamshera Copyright Case, Court Seeks Response
The Delhi High Court has refused to grant an immediate stay on the criminal investigation against Dharma Productions in
Dharma Productions Seeks Relief in Shamshera Copyright Case, Court Seeks Response
Introduction
The Delhi High Court has refused to grant an immediate stay on the criminal investigation against Dharma Productions in a copyright dispute concerning the Ranbir Kapoor-starrer Shamshera. The court, however, has issued notice on Dharma's main petition as well as its plea for interim relief.
Factual Background
The dispute revolves around a complaint filed by filmmaker Bikramjeet Singh Bhullar, who claims that Shamshera's makers violated his copyright in the literary work 'Kabu na chhadein khet.’ Bhullar alleges that the movie is based on his script, which he shared with Dharma Productions in 2007. Dharma decided not to pursue the project in 2017, but Bhullar claims that Yash Raj Films (YRF) used his script for Shamshera.
Procedural Background
Bhullar filed a civil suit against YRF and Dharma, seeking to block the telecast of Shamshera on OTT platforms. Justice Jyoti Singh dismissed the plea, holding that Bhullar was attempting to claim a monopoly over common tropes in Bollywood films. The court observed that there was no uniqueness in the ideas or expression and that almost every author of fiction would conjure them as consequential concomitant effects.
Issues
- The main issue is whether Dharma Productions can be granted relief from the criminal investigation initiated by Bhullar.
- Dharma argues that the complaint has no merit, and the copyright allegations have already been considered and rejected at the interim stage in the civil suit.
Contentions of the Parties
Dharma Productions: Dharma argues that Bhullar's claim is an attempt to monopolize common themes in Bollywood films. They contend that the script and the film are distinct, and there is no copyright infringement.
Bikramjeet Singh Bhullar: Bhullar claims that Shamshera's makers copied his script, and the film's themes and plot are substantially similar to his work.
Reasoning and Analysis
The Delhi High Court refused to grant an immediate stay on the criminal investigation, observing that the copyright allegations had already been examined and rejected at the interim stage in the civil suit. The bench of Justice Ajay Digpaul issued notice on Dharma's main petition and its plea for interim relief, seeking responses from the Delhi government and Bhullar.
Implications
The court's decision means that the criminal investigation against Dharma Productions will continue for now. However, YRF and its Chairman Aditya Chopra had already secured a stay order on further investigation in January 2025.
Relief Sought
Dharma Productions sought relief from the criminal investigation initiated by Bhullar. While the court refused to grant immediate relief, it has issued notice and sought responses from the respondents. The matter is listed for hearing on 14th Oct, 2025.
In this case Dharma was represented by Senior Advocate Madhav Khurana with a team from Wadia Ghandy & Co.