New Delhi, Feb 10, 2023: The Supreme Court on Friday relaxed the condition imposed by Kerala High Court that the Kannada movie ’Kantara’ should not exhibit the ’Varaharoopam’ song. In a big relief for Kantara film producer Vijay Kirgandur and actor Rishab Shetty , the court said police can question the duo but cannot arrest them.
Pronouncing the order, the top court has issued a stay on condition to remove the song from the movie. In an interim relief, the apex court said Kantara movie producers won’t have to remove the ’Varaharoopam’ song from the movie.
CJI DY Chandrachud observed that the Kerala HC felt strongly that they (filmmakers) had plagiarised the song, but that does not mean such conditions can be imposed.
Passing the order, the court said, "Pending further orders condition 12(1) will stand modified -- petitioner shall appear before the investigating officer on 12 and 13 February 2023. In the event that the petitioner is arrested he shall be released on bail in terms of the order passed by the HC. There shall be a stay on the operation of condition 5 ( to remove the song)." (sic)
A notice has been issued to Band, Thaikudam Bridge, for claiming ownership of music and Kerala has been asked to respond to a plea filed by a filmmaker.
The court also said the actor and producer wouldn’t be arrested when they show up for questioning on February 12 and 13 in connection with the copyright infringement probe over the song.
After a Kerala-based band, Thaikudam Bridge, sought legal action against the makers of Kantara, the court asked the makers to stop playing the song in theaters and streaming platforms. The band claimed that Kantara’s song Varaha Roopam is a copy of their song Navrasam.