The Delhi High Court has refused to halt the ongoing criminal investigation against Dharma Productions in the Shamshera copyright case. Notices have been issued to the Delhi government and complainant Bikramjeet Singh Bhullar, with the next hearing set for October 14.
New Delhi: The Delhi High Court on Wednesday refused to give immediate protection to Dharma Productions in a copyright dispute related to the Ranbir Kapoor-starrer Shamshera. The Court made it clear that the criminal investigation against Dharma will not be stopped for now.
Justice Ajay Digpaul, however, issued notice on Dharma’s main petition and also on its request for interim relief.
The Court has asked the Delhi government and filmmaker Bikramjeet Singh Bhullar, who filed the complaint, to submit their replies before the next hearing on October 14.
This case started after an FIR was filed in 2024 based on a complaint by Bhullar. He alleged that Shamshera had copied his literary work Kabu Na Chhadein Khet.
According to Bhullar, Dharma Productions had first received his script in 2007 when he approached them with the story. In 2017, Dharma decided not to move ahead with the project.
Bhullar later alleged that Yash Raj Films (YRF) used his script to make Shamshera. He filed a criminal complaint against both YRF and Dharma Productions.
Dharma Productions has now challenged these criminal proceedings in the High Court. Representing Dharma, Senior Advocate Madhav Khurana, along with a team from Wadia Ghandy & Co., argued that the complaint has no merit.
Meanwhile, YRF and its Chairman Aditya Chopra had already approached the Delhi High Court against FIR No. 184/2024 registered at Greater Kailash Police Station under Section 63 of the Copyright Act and Section 420 (cheating) of the Indian Penal Code.
Back in January this year, Justice Anup Jairam Bhambhani had granted relief to YRF by staying the further investigation against them.
The Court observed that copyright allegations had already been examined and rejected at the interim stage in a civil suit filed earlier by Bhullar.
That civil suit [Bikramjeet Singh Bhullar v Yash Raj Films & Ors] was heard by Justice Jyoti Singh and decided on December 20, 2023.
In the suit, Bhullar had sought to block the OTT release of Shamshera. He claimed that his 2006 script, which was later made into a short film narrated by actor Om Puri, had been substantially copied in the movie.
Bhullar pointed out several similarities between his script and Shamshera. He listed features such as a period-drama setting, father-son emotional themes, a revenge plot against foreign invaders, the use of tunnels, burning oil, birds, the North star for navigation, and characters going through moral transformation.
However, Justice Jyoti Singh rejected Bhullar’s plea, observing that he was trying to claim monopoly over themes and elements that are widely used in Bollywood films.
The Court remarked:
“There is no uniqueness in these ideas or expression … almost every author of a fiction would conjure them as consequential concomitant effects, as a matter of common grasp and scènes à faire which carry no copyright.”
The Court concluded that no strong case of copyright infringement was made out and dismissed Bhullar’s request for an interim injunction in December 2023.
With this background, while YRF has already secured a stay order, Dharma Productions will now have to wait until October 14 for the next hearing to see if it also gets relief.
For the moment, the High Court has only issued notice and declined to stop the ongoing investigation against Dharma.
Case Title:
Dharma Productions Private Limited Vs State of NCT Delhi
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